Contact

Send us a Message
Contact Us
Contact
Northern California

2281 Lava Ridge Court, Suite 300
Roseville, CA 95661
P: 916.780.9009
F: 916.780.9050
E: norcalinfo@colehuber.com

Southern California

3401 Centrelake Drive, Suite 670
Ontario, CA 91761
P: 909.230.4209
F: 909.937.2034
E: socalinfo@colehuber.com

Cota Cole & Huber Logo White

Contact

California Municipal Law Blog
category:
Meetings

Court Holds Six-Minute Discussion on Non-Agendized Matter Doesn’t Violate Brown Act

by on August 15, 2016

posted in Meetings, Recent Court Decisions,

When a person raises an issue not on a meeting agenda, how much can council or board members discuss the issue without running afoul of the Brown Act?  A recent court case provides some helpful guidance. In Cruz v. Culver City, a California appellate court held that a six-minute discussion about how to place an item on a future agenda did not violate the Brown Act.  Fortunately for local agencies, the court rejected a challenge to the discussion that had relied on a hyper-technical reading of the Act’s language.  ... Continue Reading

Facebook
Google+
https://colehuber.com/category/meetings/page/2">
Twitter
LinkedIn

tags: Agendas, Brown Act, Discussion on Unagendized Items,

Agencies Don’t Have to Cancel Meetings When Website Outages Temporarily Affect Availability of Online Agendas

by on February 1, 2016

posted in Meetings,

Local agency officials are well aware of the basic requirements for public-meeting agendas.  They know, for instance, that agendas for regular meetings must be posted at least 72 hours in advance.  In light of legislation that took effect in 2012, they also know that if their agencies post agendas online—which most local agencies now do—the agendas must be posted online within the same timeframe. But what happens if an agency’s website goes down during the period in which the agenda must be online?  Does that mean the agency can’t take any action on any of the business items for the ... Continue Reading

Facebook
Google+
https://colehuber.com/category/meetings/page/2">
Twitter
LinkedIn

tags: Brown Act, Online Agendas, Technical Difficulties, Website Outages, Websites,

Court Holds Mistaken Agenda Reference Does Not Prevent Holding of Closed Session

by on July 27, 2015

posted in Meetings, Recent Court Decisions,

What happens when a meeting agenda refers to the wrong legal authority for a closed-session item an agency considers?  If it’s clear to the public what action the agency may take, there is no Brown Act violation.  According to a recent court opinion, which dismissed a lawsuit as “hypertechnical,” a mistaken code reference used to describe a closed-session item does not prevent the agency from acting.  (Castaic Lake Water Agency v. Newhall County Water District, published July 22, 2015.)  ... Continue Reading

Facebook
Google+
https://colehuber.com/category/meetings/page/2">
Twitter
LinkedIn

tags: Agendas, Brown Act, Closed Sessions, Initiation of Litigation,

State Commission Finds that Brown Act’s “Serial Meeting” Prohibition May Impede Good Government

by on July 13, 2015

posted in Meetings,

Does the Brown Act sometimes get in the way of good government?  According to the Little Hoover Commission, a think-tank agency that studies the performance of state government, the answer is yes.  After comprehensively studying how the Brown Act regulates “serial meetings”—discussions that occur among more than two council or board members outside of a noticed public meeting—the Commission has published a report that finds that Act’s serial-meeting provisions may be impeding effective decision-making. The Commission’s findings are interesting and, in this author’s opinion, probably ... Continue Reading

Facebook
Google+
https://colehuber.com/category/meetings/page/2">
Twitter
LinkedIn

tags: Brown Act, Little Hoover Commission, Report, Serial Meetings, Wolfe v City of Fremont,

Disruptive Behavior at Public Meetings: Balancing the Constitutional Rights of Citizens with the Duty to Conduct Meetings in an Orderly Manner

by on April 14, 2015

posted in Meetings,

During the course of their public service, many council members and staff will encounter the displeased citizen who often seems more intent on disrupting the governmental process than contributing to it in any meaningful way.  When this scenario is encountered, council members and staff will naturally desire to take steps to control the situation and ensure that the People’s business is not impeded.  Notwithstanding this natural inclination, council members and staff must be careful not to infringe upon the Constitutional and statutory rights of citizens.  This requires the conscientious balance ... Continue Reading

Facebook
Google+
https://colehuber.com/category/meetings/page/2">
Twitter
LinkedIn

tags: Disruptive citizens, First Amendment, Public Comment, Public meetings,

Page 2 of 212