A&A: School Site Council tactics intimidate parents, public

Q: I am interested in a possible cause of action arising from events at a meeting of the high school Site Council, at which public comment was cut off by the chair.  The individual was repeatedly ruled “out of order.” The person was then ordered out of the meeting and, when he failed to comply, [...]

A&A: What is the Brown Act statute of limitations?

Q:  I was fired a year ago, but I am only now reading that the board violated the Brown Act by not disclosing that my position would be discussed in closed session — 54957. (2) is the violation. I see from your A&A section that there is only only a 90-day window of opportunity to [...]

California: Hanford City Council may be correct in withholding packet of allegations

The Hanford City Council has so far not released an anonymous packet of documents to the public and may never. The documents make allegations against city leaders which the council discussed in closed meetings. Jim Ewert, legal counsel for the California Newspaper Publisher Association, said the council may be on safe ground in denying public [...]

LA Times editorial criticizes supervisors for excessive closed door meetings

An editorial in the Los Angeles Times says the board of supervisors for Los Angeles County “displays its contempt for the public” by closing the door before discussing such vital issues as the shift of convicts from state facilities to the county. The Times argues that the mere wish to speak frankly does not allow [...]

A&A: Does the Brown Act allow closed sessions to appoint legal firm?

Q: Our local water district board is appointing new general counsel. They have agendized this in a special meeting, allowing each prospect to give a presentation on their firm in open session. After each presentation, the board went into closed session pursuant to GC 54957(b)(1), ”Public Employee Appointment: General Counsel.” I have never seen this [...]

California: Ventura County school district leads the county in open meeting complaints

The Rio School District has over half of the 36 complaints about violations of the state’s open meeting law, the Brown Act, according to a report by the district attorney’s office. The office said it might have to take legal action against the district unless they paid greater attention to the issue, perhaps providing training [...]

California: Los Alamitos councilman in trouble for violating confidentiality of closed meetings

The Los Alamitos City Council voted 3-1 to prosecute Councilman Warren Kusumoto for an alleged violation of the Brown Act, the state’s open meeting law. Kusumoto had disclosed that in closed-door discussions on a lawsuit against the city, he had a different viewpoint  from the council majority. The City Attorney said in that disclosure he [...]

A&A: Water agency contractors’ calculations “trade secret”?

Q: A county water agency has hired a consultant for a major capital project and has released the feasibility study done by the consultant but has not responded for a request to review the consulting contract itself. This isn’t academic: the agency asserts that the consultants’ excel spread sheet originals containing the actual cell-by-cell math [...]

Los Angeles: Fight on to stop limits on speaking before Board of Supervisors

A group of citizens has been able to forestall a move by the Los Angeles Board of Supervisors to restrict the public in addressing the board. A proposal before the board would limit speakers to three minutes for  various items on the agenda and two minutes for items not on the agenda. The board has [...]

A&A: I ask for transparency; they ask me to resign

Q: I have concerns that my school District has violated the Brown Act.  When the school board made our interim Superintendent a permanent Superintendent without any public input because it wasn’t properly agendized. I am also concerned that a committee I serve on has been deemed a closed door confidential meeting per the Brown Act. [...]

California: San Mateo college board on shaky ground in involvement in campaign for bond measure

According to one former county counsel, it is legal for school board members to participate in campaigns for bond measures so long as public funds are not involved, but questions arose when all trustees for the San Mateo County Community College District served on a committee that met in private to plan a bond measure [...]

California: Watchdog discovers serious open meeting violation by Visalia City Council

A Visalia resident discovered that without public hearing last October, the Visalia City Council approved a $50,000 expense account for its newly appointed Elections Task Force. The city claims it feared a lawsuit so was justified in acting in closed session, but no one was threatening to sue over the creation of the task force. [...]

Tulare supervisor lunch lawsuit goes to California Supreme Court

The lawsuit over closed lunch meetings of the Tulare County Board of Supervisors is going to the California Supreme Court. The suit centered on 30 closed lunch meetings in 2009 during which at least a majority of the supervisors were present. The supervisors claimed they never discussed county business during the lunches. -db From the [...]

California: State appeals court scuttles Brown Act challenge in Montebello

A state appeals court upheld a lower court ruling that the City of Montebello did not violate the Brown Act, the state’s open meeting law, in approving a $3.2 million real estate agreement with a businessman. The Montebello redevelopment agency approved the deal in a closed meeting preceding a public session. -db From the Metropolitan [...]

California: Frequent closed meetings by Stockton City Council raise questions

The increasing numbers of closed door sessions conducted by the Stockton City Council has prompted open government advocates to protest the practice. Under a threat of bankruptcy, the council has met in closed meetings three times for every two open meetings. The council may meet in closed session to discuss certain financial matters, but in [...]

California: Dunsmuir City Council members must face open meeting lawsuit

A county judge ruled that four members of the Dunsmuir City Council must defend itself against allegations that they violated the Brown Act, the state’s open meeting law. A citizen sued the council for alleged conflict of interest and holding meetings without public participation. -db From the Record Searchlight, January 2, 2012, by Sean Longoria. [...]

Amendments to California open meeting law require improved disclosure

Under amendments to the Brown Act, California’s open meeting law, government agencies are now required to disclose more details about items under consideration at meetings. The amendments will go into effect, January 1 of 2012. The amendments also require agencies to provide notice in writing to the media of special meetings and notice by telephone [...]

A&A: Does the Brown Act apply when board members attend a Town Hall meeting?

Q: At a recent Town Hall meeting, water rates were discussed. A majority of directors of the water district were in attendance to answer any questions. They did not notice this meeting. Items were discussed that they will vote on. Is this a Brown Act violation? A: Under the Brown Act, a “meeting” includes any [...]

A&A: How do we enforce the Brown Act?

Q: After nearly two years of trying, we finally got a photograph of three of our County Board of Supervisors (we have a five member Board) having lunch together as they regularly do. We can’t take it to the DA as he has been compromised as has our County Counsel. What can we do? A: [...]

A&A: Supervisors multi-tasking during public comment

Q: During a hearing on a massive development project the several county supervisors walked around the room, talked on cell phones, or to each other or staff, worked on their computers and otherwise did not listen to any of the public testimony. This is particularly discouraging because this is a massive project with terrible impacts [...]

California: Galt school board caught in open meeting violation

An ex-school board member alleged that the Galt Joint Union Elementary School District board violated the Brown Act, California’s open meeting act by not allowing public comments while conducting public interviews to fill a vacant seat on the board. The board has agreed to repeat the meeting to satisfy the Brown Act. -db From the [...]

California: Open meeting violation alleged by Encinitas City Council

In a special meeting called to discuss a draft of the general plan, a member of the city council spoke on an item not on the agenda, a possible violation of the Brown Act, the state’s open meeting law. A council member said the council did not violate the law in that members were allowed [...]

California: Alleged violation of open meeting law for Pasadena City Council

The Pasadena City Council may have blundered when they met recently to discuss job cuts in the face of budget problems. The meeting agenda was posted at 9 p.m. on a Sunday and the meeting began at 8:30 a.m. the next day. A full 24 hour meeting notice is required by the Brown Act, the [...]

A&A: Commissioner advised speaking to press could give rise to Brown Act violation

Q: I am a city commissioner, and I was recently advised against voicing my opinion to the press on any subject that is or in the future may be 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 [...]

California: Allegations that Patterson City Council violated state open meeting law

Jim Ewert of the California Newspaper Publisher Association said that the Patterson City Council violated the Brown Act, the state’s open meeting act, when it failed to provide the identity of those who voted in a closed session for an interim city attorney. Ewert said it did not matter that the rankings of candidates occurred [...]

California: Appeals court sides with plaintiffs on court costs in Tulare County lunch meeting suit

Without comment a California appeals court reversed an order that the Times-Delta/Advance-Register and allies pay legal costs for Tulare County in a Brown Act suit. The newspaper and others had charged that the Tulare County Board of Supervisors violated the Brown Act, the state’s open meeting law, by conducting a series of lunch meetings closed [...]

A&A: School board keeping exorbitant attorney fees in closed session

Q: As a school board member I have tried, but failed, to have the copious exorbitant legal billings by the district’s attorney released to the public.  So far the attorney’s fees of $50k to $70k per month (the amount of almost $1million is rapidly approaching) have been discussed in closed session and the rest of the [...]

California: Barstow School Board alleged to violate open meetings laws

An expert in open government law challenged the Barstow School Board contention that they had not violated the Brown Act, the state’s open meeting law, in failing to report a vote out of closed session. The school board was considering the resignation of the school superintendent. -db From the Desert Dispatch, November 21, 2011. by [...]

A&A: Can new board member get updated on past closed sessions?

Q: I am a newly elected school board member. Our upcoming agenda will contain a closed session item that has also been discussed in closed session prior to my appointment. Can I ask the staff and board members who participated in the prior closed session to divulge what was discussed? A: I am not aware [...]

California’s Brown Act: When closed government meetings are legal

Local governments are allowed to conduct public business behind closed doors to discuss a limited range of issues. Carolyn Schuk provides a primer on the Brown Act, California’s open meeting law, in the Santa Clara Weekly. -db From a commentary in the Santa Clara Weekly, November 17, 2011, by Carolyn Schuk. Full story  

California: Plaintiffs in Tulare County lunch meeting suit ask for rehearing

After losing bid to show the Tulare County Board of Supervisors violated open-meetings law by holding closed lunch meetings, the plaintiffs are asking the California 5th District Court of Appeals to reconsider their ruling. The Court ordered the plantiffs to pay legal costs in ruling the issue moot since the supervisors no longer conducted lunch [...]

A&A: Do downtown association meetings fall under the Brown Act?

Q: My local downtown association, was created in 1987 by a resolution from our City Council, in accordance with the California Parking and Business Improvement Law of 1979 (amended 1989). Organization is classified as a 501 (c)(6). The organization used to received money annually from the City, but no longer does. The City Council reviews [...]

A&A: Closed door meetings benefitted labor union at cost of public tidelands

Q: After holding closed door negotiations with a public coalition that included the local union, the Port of San Diego announced  a hotel development deal that included a Project Labor Agreement with the union.  The development will be build on public tidelands, which sacrifices the Port Master Plan-designated parkland.  Were the extensive secret labor negotiations [...]

California appeals court rules citizen can enforce open meeting provision in government contract

A California  appeals court reversed a lower court ruling, holding that a private citizen could enforce a contract calling for open board meetings by corporations receiving government funds. “We believe that the purpose of the provisions requiring compliance with the Brown Act was to ensure that meetings…relating to publicly funded programs would be open to [...]

California: Sanitation district vote on pay raises challenged as open meeting violation

The Orange County Sanitation District admitted to violating the Brown Act, the state’s open meeting law, when it voted on pay raises for 17 managers and 18 “confidential” workers behind closed doors. They will conduct a revote. Because the workers are not represented by a bargaining group, the public has the right to discuss the [...]

California appeals court dismisses suit on Tulare County lunch meetings

The 5th District Court of Appeals dismissed an open government suit by an open government advocate challenging closed lunch meetings held for morale-building purposes by the Tulare County Board of Supervisors. The court said that there was no relief since the supervisors had stopped holding the meetings alleged to be violations of the state’s open [...]

California: Sebastopol hospital board cautioned about open meeting violations

With two vacancies on the five-member board, the Palm Drive Hospital board is facing allegations that it violated California’s open meeting laws in meetings involving two directors. Seventy-two hour notice was not provided for meetings to review proposals to join with other hospitals. -db From The Santa Rosa Press Democrat, October 20, 201, by Bob [...]

A&A: Can I be charged for agenda-item documents?

Q: I attended a fire board meeting tonight where the preliminary budget was on the agenda. They had the budget in a binder on the table. They claimed that providing the budget in that way met the requirement to have the document “available” to the public. If I wanted my own copy I had to [...]

A&A: Teacher terminated after closed session

Q: Last weekend our son’s 4th grade teacher was fired from her “at will” employment at a local charter school. The board held a Regular Meeting and decided “immediate action” had to be taken. The teacher did not receive 24 hours notice about the meeting but was asked if she wanted to speak for five [...]

California: Open meeting violation charged in tempest over widening of Highway 1

Citzens backing a plan to widen Highway 1 in Pacifica allege the planning commission violated Brown Act by voting on the issue when it was not on the agenda. The planning commission voted to ask Caltrans to extend the public comment period for the environmental impact report beyond October 22 when it expires. -db From [...]

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