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Brown Act

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

firstamendment June 13, 2009

Can settlements be negotiated in closed session if no pending litigation exists? Q: Our local water 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? A: The provision of

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A&A: Closed sessions to “items discussed not falling within their jurisdiction”

firstamendment June 13, 2009

Closed sessions to discuss “items not falling within their jurisdiction.” Q: I am a student at community college. After a board meeting of the Associated Students was adjourned, the president of the board asked all non-board members to leave the room so that the assembled quorum could talk about “items not falling within their jurisdiction.” Was this a violation of the Brown Act? A: According to an opinion of the California Attorney General, meetings of a

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A&A: Closed sessions, labor negotiations, and disclosure of outcome

firstamendment June 13, 2009

Closed sessions, labor negotiations, and disclosure of outcome Q: I am a reporter and I recently covered a meeting where the City Council voted to replace the city’s police department with county Sheriff’s services. A number of opponents to this move have suggested that the Brown Act was violated when the council met in closed session to call for the Sheriff’s proposal under the heading of labor negotiations, and did not report the outcome of

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A&A: Closed sessions under the Brown Act

firstamendment June 13, 2009

Closed sessions under the Brown Act Q: Members of my school board choose new members as they leave the board. Can this School Board have closed sessions to discuss and decide which new Board member to elect to the Board or do these have to be public discussions? A: If the board of the public charter school is a “legislative body” under the Brown Act, it is subject to the Brown Act and can discuss

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A&A: Minutes and closed sessions

firstamendment June 13, 2009

Minutes and closed sessions Q: My question is: Must the minutes reflect a teleconference with the board’s attorney to otherwise justify a closed session under 54956.9 that does not state that the attorney was present at the meeting in the minutes?  Also, if the minutes are simply in error and there actually was a teleconference with the attorney, would this per se invalidate the board action from that closed session, or would only proving the

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