Westlake Charter SchoolWestlake Charter SchoolAnnual Brown Act TrainingAnnual Brown Act Training

Presented by:Lisa A. Corr, Esq.lcorr@mycharterlaw.comWebsite: www.mycharterlaw.com

Understanding the Understanding the Brown ActBrown Act

1. What is the Purpose of the Act?

“. . . The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.”

A. To Foster Broad Public Access

B. Allows For Limited Confidentiality: Closed Session Must Be Statutorily Authorized

• Personnel Matters• Labor Negotiations• Real Property Negotiations• Meeting with School Attorney Over

Anticipated or Pending Litigation

1. What is the Purpose of the Act? (cont’d)

• Meeting with specified law enforcement on matters posing a threat to the security of public buildings, essential public services or the public’s right of access to public services or public facilities.

• Pupil Discipline/Confidential Student Issue

C. Transparency Does not Mean Chaos!

1. What is the Purpose of the Act? (cont’d)

When any congregation of a majority of the members of the body meet to hear, discuss, deliberate, or take action on any item of School business

A. Basic Definition:

2. What is a Meeting?

• Attendance by Majority at Public Conferences of General Interest

• Attendance of Majority at other body’s public meeting

• Attendance of majority at purely social or ceremonial gatherings

SO LONG AS SCHOOL BUSINESSIS NOT DISCUSSED!

B. Exceptions to definition of meeting:

2. What is a Meeting? (cont’d)

Commissions, committees and boards or other bodies of a local agency, whether permanent or temporary, decision making or advisory, created by ordinance, resolution or formal action of the body are subject to the act.

C. Brown Act Generally Does Apply to Subsidiary Committees:

2. What is a Meeting? (cont’d)

Advisory committees, composed solely of the members of the board that are less than a quorum of the board are not subject to the act unless it is a standing committee which has a continuing subject matter jurisdiction or a meeting schedule fixed by ordinance, resolution or formal action of the body.

D. Exceptions to the General Rule for Committees:

2. What is a Meeting? (cont’d)

Serial Meetings Occur When:•A majority of the members •Outside a meeting •Use a series of communications of any kind, directly or through intermediaries •To discuss, deliberate, or take action on•Any item of School business that is within the subject matter jurisdiction of the body.

E. Serial Meetings Are Prohibited

2. What is a Meeting? (cont’d)

While an employee or official may engage in separate conversations or communications outside of a meeting with other members of the body in order to answer questions or provide information regarding a matter of School business, that person may not communicate to members of the board the comments or position of any other member or members of the Board.

F. Limit On Unilateral Communications

2. What is a Meeting? (cont’d)

1. Each teleconference location shall be identified in the notice and agenda of the meeting.

2. A Quorum of the Board must participate from within the School’s “jurisdiction.”

3. Agenda must be posted at all teleconference locations.

G. Basic Requirements if Any Board Member Participates by Telephone:

2. What is a Meeting? (cont’d)

4. Each teleconference location shall be accessible to the public.

5. Members of the public shall have the right to address the board directly at each teleconference location.

6. All votes taken shall be by roll call.

2. What is a Meeting? (cont’d)

A. General Rule:

The agenda shall be posted properly in advance of a meeting and must include a brief description of items to be transacted or discussed. With a few exceptions, if an item is not on the agenda, the Board cannot discuss it.

3. What are the Notice & Agenda Requirements?

B. Exceptions to the Rule:

1. Rare: If a majority votes that an “emergency” exists as strictly defined

by the Act.

2. If 2/3 of members present vote that there is a need to take immediate action and that need came to the attention of the school subsequent to the agenda being posted.

3. If the agenda item was posted from prior meeting within five (5) days or less, and matter was continued.

3. What are the Notice & Agenda Requirements? (cont’d)

Exceptions (cont’d):

3.Direction to Staff

4. Brief responses/Clarifying questions/Announcements

5. Discussion over future agenda items

3. What are the Notice & Agenda Requirements? (cont’d)

C. Types of Meetings:

1. Regular meetings – Agenda posted 72 hours in advance

2. Special meetings – Agenda posted 24 hours in advance

3. Emergency Meetings – at least 1 hour

3. What are the Notice & Agenda Requirements? (cont’d)

D. Location of Posting1. Posted in publicly accessible

location for entire posting period within jurisdiction.

2. NEW LAW: If School maintains a website, agenda must be posted on website.

E. Content of Agendas – Brief description of 20 words or less and public testimony time.

3. What are the Notice & Agenda Requirements? (cont’d)

F. Closed Session Agendas

1. Use safe harbor language

2. Provide oral notice in advance of closed session

3. Make public report of action taken in closed session and roll call vote or abstention of every member, if any.

3. What are the Notice & Agenda Requirements? (cont’d)

G. NEW LAW: School cannot approve educational executive contract at special meeting.

3. What are the Notice & Agenda Requirements? (cont’d)

A. Public testimony• Addressing disruptive speakers?

B. Taping or broadcastingC. Conditions of attendanceD. Non-discriminatory facilitiesE. Copies of agendas and other

public writings.

4. What are the Public’s Rights?

A. Confidentiality requirement

No Board member, staff member or invitee may disclose information from closed session without the authorization of the Board.

5. What are the Permissible Closed Sessions?

B. Authorized Closed Sessions

1. Personnel – Caveat - 24 hour written notice

to employee if complaints and/or charges will be heard.

2. Real estate negotiations

5. What are the Permissible Closed Sessions? (cont’d)

2. Labor negotiations

3. Public security exception

4. Conference with legal counsel

5. Pupil discipline/confidential student matters

5. What are the Permissible Closed Sessions? (cont’d)

A. Penalties

1. Criminal penalties apply if a member intends to deprive the public of information to which the member knows or has reason to know the public is entitled to under the Act.

2. Civil Remedies

3. Injunctive relief may be obtained or action declared null and void after failure to cure violation.

6. What are the Penalties & Remedies for Violating the Act?

1. Generally, written demand for alleged open session violations must be made within 30 days.

2. Otherwise demand must be made within 90 days.

3. Legislative body must cure within 30 days or notify the demanding party that it will not cure

4. Demanding party can initiate litigation to compel compliance and if successful, may be awarded attorneys fees and court costs.

B. Notice and Demand for Cure

6. What are the Penalties & Remedies for Violating the Act? (cont’d)

7. New Law for 2013 Relating to Processfor Challenging Past Actions

1. Prior to filing an action the DA or private party must send cease and desist letter within 9 months of the alleged violations (not applicable to actions occurring before 1/1/13).

2. School Board can: a) provide unconditional commitment to comply within 30 days or b) lawsuit can commence.

3. Plaintiff entitled to legal fees if they prevail.

4. This reflects change in Brown Act enforcement.

QUESTIONS AND RESPONSES

THANKS FOR ATTENDING TODAY!