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Asked and Answered

Brown Act

Who is allowed to sit in on closed sessions regarding hiring?

[…] CEO'S Office. While this may be legal it is very troublesome because of power the current CEO wields with the Board of Supervisors. She may want her anointed one. Is there Brown Act laws which would preclude the CEO from being present during these interviews? Or would we be reliant on the local counties ordinances.

December 31, 2010
Asked and Answered

Brown Act

Board member shared confidential information after closed session

[…] am finishing out the school year. However, within a week of this decision, made and executed during a closed session, I learned from two different reliable sources that two Board members had shared this decision with at least three different staff members. What are my rights? What, if any, course of action can I take?

September 9, 2016
Asked and Answered

Brown Act

How do we enforce the Brown Act?

[…] the District Attorney to prosecute violations as misdemeanors. Govt. Code section 54959. The other is by way of private enforcement actions brought as civil lawsuits by individuals. Government Code section 54960. Such private actions may be brought to declare actions taken in violation of the Brown Act null and void, or to declare that […]

December 22, 2011
Asked and Answered

Brown Act

Public comment time limit changed without notice

[…] that we would be given up to three minutes to speak. Right before public comments were heard, the chair said we’d be given only two minutes without any explanation. It says in the agenda he can change the time with no cause. Is this a violation of the Brown Act and what is our remedy?

September 7, 2011
Asked and Answered

Brown Act

Labor negotiations and the Brown Act

[…] Brown Act for certain employee evaluations. This "personnel exception" permits closed sessions to "consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee." Government Code 54957(b)(1). However, section 54957(b)(4) further provides: "Closed sessions . . . shall not include discussion or action on proposed compensation except for a reduction of […]

June 14, 2009
Asked and Answered

Bagley-Keene Act

Is a task force a “state body” under the Bagley-Keene Act?

[…] I received the following reply from the Caltrans public affairs: Since this is not a public meeting, the task force meeting will be made up of 10 members from each community that the project affects. The meeting is informal and does not fall under the Bagley-Keene Open Meeting Act. Is this closed meeting indeed legal?

June 14, 2009
Asked and Answered

Brown Act

Can settlements be negotiated in closed session if no pending litigation exists?

[…] district has held a series (over 6 months) of closed sessions. It appears that the district is negotiating a water rights transfer or deal with another local water district. They cannot negotiate jointly a "settlement" agreement if no "pending" litigation exists. Isn't this a violation of the Brown Act? If so, what is the recourse?

June 14, 2009
Asked and Answered

Brown Act

Access to agenda attachments

Does a government body subject to the Brown Act also have to provide access to the attachments to agenda items 48 hours before the meeting? If so, do they have to also provide copies of the attachments upon request if the person pays the copying fee? I am referring to attachments that make up […]

June 14, 2009
Asked and Answered

Brown Act

Private Homeowners Associations

Does the Brown Act apply to private Homeowners Associations or only to local and state gov't? I want to discuss dismissing a management company and I'm being kept from discussing their removal except in their presence at a Board meeting by other Board members.

June 14, 2009
Asked and Answered

Brown Act

Filing a Vacancy by Closed Session Appointment

[…] hours prior to the beginning of the School Board meeting. The appointment decision was made at that meeting. Should the agenda state the names of the applicants who were interviewed during the meeting? If a public citizen asked to see the application material and was turned down, is that a violation of the Brown Act?

June 14, 2009