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    Showing results for government bodies must comply brown act 54951 blank act90 54951 act 54951 act90 54951 54951 54951

  • 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

  • Asked and Answered

    Brown Act

    Has the public comment requirement changed due to Gov. Newsom’s executive order amid the COVID-19 pandemic?

    […] here. Bryan Cave Leighton Paisner LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation. No attorney-client relationship has been formed by way of this response.

    July 21, 2020