California Attorney General clairifies real estate negotiations exception to open meeting law

The State Attorney General narrowed the scope of the real estate negotiation exception to the Brown Act, the open meeting law. The interpretation places higher value on the public’s right to know over local government’s interest in protecting bargaining power in real estate negotiations. -db From Best Best & Krieger Attorneys at Law, February 3, [...]

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: 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 [...]

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 [...]

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: 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: Alleged open meeting violation by Upland City Council

A former  City Council candidate has filed a complaint with the San Bernardino County District Attorney alleging that the council had committed two open meeting violations. The first was not reporting an action taken during a closed session and the second concerned a resolution to create a supplemental retirement plan. -db From the Inland Valley [...]

Willows: California Attorney General slated to investigate alleged open meeting violations

With local authorities hamstrung by conflict of interest and lack of resources, California’s state attorney general office may step up to investigate alleged open meeting violations by the Willows City Council during a June 14 closed meeting. The council has been accused of discussing items not on the agenda and the budget in a closed [...]

California: Calaveras County school board accused of open meeting violation

The Grizzly of Big Bear is alleging that the Bear Valley Unified School district board of trustees violated the Brown Act, California’s open meeting law by inviting a citizen to a closed meeting. The district superintendent said the woman was asked to testify in closed session on a confidential matter that required secrecy. Jim Ewert [...]

California: Santa Barbara City Council restricts open meeting law

The Santa Barbara City Council, citing the need for freer discussion of issues, voted 4-3 to roll back aspects of the Brown Act, California’s open meeting law. The council majority expressed the need for more leeway in discussion before making decisions and argued it was unproductive to restrict private meetings. The mayor who voted against [...]

A&A: Charter board meetings flout Brown Act rules

Q: Can Charter Boards hold special meetings, with limited notice on just any subject? Can they go into closed session and report out publicly that no action was taken, then order the CEO to do what was decided in the closed session? Can a vote be taken to approve signature of a disclosure filing that [...]

California: Rio school board sued for allegedly failing to comply with open meeting law

A citizen has filed suit claiming that the Rio School District board of trustees failed to adhere to the Brown Act, the state’s open meeting law, in holding closed meetings before firing the superintendent. The school administration says that board listed the topic on the agenda as required by law, but the citizen said that [...]

California: Citizen alleges open meeting violation by Menlo Park school trustees

A local open meeting watchdog, Peter Carpenter, accused the Menlo Park School District of violating California’s open meeting law, the Brown Act, when it used secret ballots to rank candidates for the superintendent’s job. Carpenter demanded that the district nullify its choice of superintendent and allow the public to discuss its short list of candidates. [...]

California: Pressure mounting for Capistrano schools regarding open meeting violations

The Orange County District Attorney is claiming that board members of the Caistrano Unified School District violated the Brown Act, the state’s open meeting law by meeting in closed-door sessions in December and January to discuss teacher salary raises and furlough days. The DA criticized the board last October for conducting closed sessions on topics [...]

California open government: Law to limit closed sessions on real estate deals introduced in state assembly

A state assemblywoman has introduced a bill to prohibit local government agencies from discussing certain real estate issues in closed sessions. The only permissible topics would be the price and payment terms of the real estate transaction. The assemblywoman has been concerned about the possibility of recent violations of the Brown Act, California’s open meeting [...]

California: Desert school administrators sue trustees over alleged open meeting violations

Three administrators of the Coachella Valley Unified School District are suing the district claiming the trustees violated open meeting laws. In a closed session in January, the board placed the three administrators on leave. In My Desert, Michelle Mitchell reports, “The trio’s lawsuits accuse the district of violating the Ralph M. Brown Act, which governs [...]

A&A: Can new board members ask for past closed session update?

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 then? A: As you may [...]

A&A: City Council lawsuit reports evoke attorney-client privilege

Q: Our city council meets in closed session to receive quarterly reports on lawsuits. This is not on their closed session agenda. They will not disclose the titles of the lawsuits, citing atty-client privilege. Advice ? A: The Brown Act provides that a public body may hold a closed session under certain circumstances, including to [...]

Redding: Interim manager vote questioned as open meeting violation

A Record Searchlight reporter says that the Mountain Gate Community Services District board of directors voted in closed session to hire a district manager without announcing the decision at that meeting, a clear violation of California’s Brown Act, the state’s open meeting law. -db The Record Searchlight Opinion December 15, 2010 By Sean Longoria Less than [...]

Southern California: Chino school board strives to get in sync with open meeting requirements

The Chino Valley Unified School Board is meeting this week to remedy alleged violations of California’s Brown Act, according to one open government advocate, failing to place on agendas anticipated lawsuits discussed in closed sessions. -db San Jose Mercury News November 1, 2010 By Neil Nisperos CHINO – The Chino Valley Unified School District this [...]

Southern California: Mayor accuses Fillmore councilwoman of violating confidence

Fillmore’s mayor has alleged that a councilwoman violated California’s open meeting law, the Brown Act, when she told a newspaper the results of a closed session evaluating the city manager. -db Ventura County Star October 18, 2010 By Mike Harris In the latest in a string of alleged Brown Act violations by Fillmore City Council [...]

South Pasadena under investigation for alleged Brown Act violation

The district attorney is checking into whether the South Pasadena City Council violated California’s Brown Act, the open meeting law, in interviewing prospective police chiefs in close session. -db San Jose Mercury News October 14, 2010 By Brian Charles SOUTH PASADENA – The District Attorney’s Office is investigating whether the City Council violated provisions of [...]

Santa Ana: Closed sessions before council meetings thwart public access

Santa Ana residents are finding it difficult to address the city council on matters of concern since the council always starts their meetings in closed session with no set time for resurfacing for the public session. -db Voice of OC October 7, 2010 By Norberto Santana, Jr. Santa Ana resident Mike Tardiff has a couple [...]

Driver’s union claims transit authority violated California open meeting law

A San Bernardino County teamster’s union has charged the Mountain Area Regional Transit Authority with failing to convene in open session before adjourning to closed session, a violation of the state’s open meeting law, the Brown Act. -db Big Bear Grizzly August 27, 2010 By Arrissa Owen Turner Mountain Area Regional Transit Authority violated the Ralph [...]

A&A: Reporting closed sessions decisions

Q: The city council has had an item on its closed session agenda for several weeks regarding a condo’s violation of a development agreement. The city manager said publicly that the council had reached a decision that “involves litigation,” but he did not discuss the details. No decision was announced after that city council meeting. [...]

A&A: Planning a Closed Session to Allow Confidential Documents

Planning a Closed Session to Allow Confidential Documents Q: For a lawsuit between two city board members and the city board, which is run as a corporation, the parties have reached an agreement to allow the board members to access documents in closed session so that it will be covered under the Brown Act. Can [...]

A&A: Closed sessions…

Closed sessions… Q: Our city attorney is planning a closed session meeting with the city council and police review commission to discuss a recent court decision regarding open police complaint hearings.  Is this legal? A: The city can likely justify its closed session under Government Code 54956.9, which allows legislative bodies to hold closed sessions [...]

A&A: Posting agendas and notification of action in special/closed sessions

Posting agendas and notification of action in special/closed sessions Q: A School Board is subject to the Brown Act yet a principal was dismissed without cause after a Special meeting /closed session in which no one was notified nor was it posted at the site where the meeting was held (it was posted on a website) [...]

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

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 [...]

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

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 [...]

A&A: Closed sessions under the Brown Act

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 [...]

A&A: Minutes and closed sessions

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 [...]

A&A: Circumstances for closed meetings

Circumstances for closed meetings Q: For what reasons can a legislative body have a closed meeting? A: Meetings of any “legislative body” of a “local agency” as those terms are defined in California Government Code sections 54592 and 549451, respectively, may hold closed sessions for the following reasons: —To discuss and decide whether an applicant [...]