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Asked and Answered

Brown Act

Discussion of Employee Termination in Closed Session

[…] closed session for about 8 months and he just signed his 2 year contract back in May/June. Their former City Attorney has warned them of violating the Brown Act on several occasions within a memo (have copy of memo). On September 26, 2007 I was at the sewer workshop meeting when I brought up […]

June 14, 2009
Asked and Answered

Brown Act

Brown Act violations in closed session real-property negotiations

[…] by me on June 1. I want to delay the sale of the properties being negotiated. I need to know how to use the "Cure and Correct" action to cause the Council to have to invalidate the property sale. I am not sure if an open session vote to proceed with the property sale […]

September 8, 2016
Asked and Answered

Brown Act

Could this act of intimidation be a Brown Act violation?

[…] issue at this meeting concerned three of the board members discussing who would make a motion and who would second the motion when the meeting returned on break. I also am interested in retaining an attorney to write a corrective letter and possible legal action against the district for numerous violations of the Brown Act.

June 10, 2016
Asked and Answered

Brown Act

The Brown Act and Charter Schools

[…] self-electing. Each time a person was elected to the board, either as an interim officer (Treasurer) or as a new board member, the process was listed under Action Items on the Agenda. The word "election" has never been used. The Action Item that resulted in a board member being elected is always listed this […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Does short notice of public hearing invalidate contract?

[…] debate. No opportunity by the public to question data or evidence other than being allowed 3 minutes to address council. Without going further, can you advise what action I might take? I am aware that So. San Francisco had to repay $3 million in fines it had collected in about 7 months since they […]

June 23, 2010
Asked and Answered

Brown Act

Charter schools and the Brown Act

I'm writing a piece about charter school transparency requirements and want to make sure I understand the requirements for them to be subject to the Brown Act. Looking at A&A about charters it looks like a publicly-funded charter school is not subject to the Brown Act if there is no one on the governing board of […]

June 1, 2016
Asked and Answered

Brown Act CPRA

Access to City Manager’s compensation denied

[…] made public. See International Federation of Professional Engineers v. Superior Court, 42 Cal. 4th 319, 331 (2007) ("he 'broadly based and widely accepted community norm' applicable to government employee salary information is public disclosure"). Although there is an exemption for "personnel" records under the Act that public agencies routinely invoke when they believe a […]

July 28, 2011
Asked and Answered

Brown Act

Is it a casual dinner or Brown Act violation?

If 3 out of 5 school board members meet at a restaurant with a teacher or administrator for a few minutes until they noticed that I was also at the restaurant with my wife, have they violated Brown's Act?

November 17, 2009
Asked and Answered

Brown Act First Amendment

Commissioner advised speaking to press could give rise to Brown Act violation

[…] under my commission’s jurisdiction. The concern is that later other commissioners may choose to speak to the press on the same subject and give rise to a Brown Act violation. I am very concerned that this interpretation of the Brown Act violates my First Amendment right of freedom of speech, and also censors the […]

December 5, 2011
Asked and Answered

Brown Act

Did email exchange between committee members violate Brown Act?

[…] leaving while on our vacations. We used work emails as well as personal emails for these conversations about him leaving to New York. Did we violate the Brown Act by emailing one another about his resigning? The emails were basically asking him to not resign, that he could stay with one of us during […]

March 16, 2015