BROWN ACT (a.k.a. “open meeting laws”).
(From The Dissenter’s Dictionary, 1999)
Each state has "open meeting" laws that forbid secrecy among "legislative bodies," such as city councils and water and school boards. In the state of California, these laws are known as the “Ralph M. Brown Act.”
Essentially, the Brown Act requires that decision-making occur in public, and therefore secret meetings (including "serial communications" leading to a "collective concurrence" prior to meetings) by "legislators" are strictly prohibited. Further, all items to be discussed by legislators must be clearly agendized, and the public must be permitted an opportunity to comment on any possible action prior to its consideration by officials. Finally, though some sensitive issues, specified by law, may be discussed in closed session, they must nevertheless be agendized and, again, the public must be permitted an opportunity to comment upon them prior to the meeting in which they are considered.
The Board Majority has a long history of violations of the Brown Act, starting with its first meeting (12/16/96) in which, during a closed session, it discussed and voted upon a reduction of reassigned time for academic senate officers--not a permitted closed session topic--without agendizing the matter. After the board appointed Raghu Mathur interim president of IVC in a closed session in April--the action was unagendized and the public was thus not allowed an opportunity to comment--a group of faculty and community members demanded a "cure," which the board ignored; this ultimately led to a decision, by OC Superior Court Judge MacDonald, that voided Mathur's appointment and decisions. (This has been dubbed, by the district, Bauer I.) Then, in July, the board reorganized the district in closed session, agendizing the matter deceptively as a "personnel" action, thereby robbing the public of an opportunity to comment on the action, which, in any case, is not among actions that may be taken in closed session. Then, prior to the September '97 board meeting, trustees engaged in secret serial meetings regarding a "deal" promoted by Board Majoritarian John Williams (see WILLIAMS). Each of these violations (and others, including a closed session address by Vishwas More) led OC Superior Court Judge Tully Seymour to write of the board's "persistent and defiant misconduct" relative to the Brown Act. The petitioner of Bauer II was awarded $98,000 in attorneys fees, though Seymour's judgment, and the fees, are being appealed.
(From The Dissenter’s Dictionary, 1999)
Essentially, the Brown Act requires that decision-making occur in public, and therefore secret meetings (including "serial communications" leading to a "collective concurrence" prior to meetings) by "legislators" are strictly prohibited. Further, all items to be discussed by legislators must be clearly agendized, and the public must be permitted an opportunity to comment on any possible action prior to its consideration by officials. Finally, though some sensitive issues, specified by law, may be discussed in closed session, they must nevertheless be agendized and, again, the public must be permitted an opportunity to comment upon them prior to the meeting in which they are considered.
The Board Majority has a long history of violations of the Brown Act, starting with its first meeting (12/16/96) in which, during a closed session, it discussed and voted upon a reduction of reassigned time for academic senate officers--not a permitted closed session topic--without agendizing the matter. After the board appointed Raghu Mathur interim president of IVC in a closed session in April--the action was unagendized and the public was thus not allowed an opportunity to comment--a group of faculty and community members demanded a "cure," which the board ignored; this ultimately led to a decision, by OC Superior Court Judge MacDonald, that voided Mathur's appointment and decisions. (This has been dubbed, by the district, Bauer I.) Then, in July, the board reorganized the district in closed session, agendizing the matter deceptively as a "personnel" action, thereby robbing the public of an opportunity to comment on the action, which, in any case, is not among actions that may be taken in closed session. Then, prior to the September '97 board meeting, trustees engaged in secret serial meetings regarding a "deal" promoted by Board Majoritarian John Williams (see WILLIAMS). Each of these violations (and others, including a closed session address by Vishwas More) led OC Superior Court Judge Tully Seymour to write of the board's "persistent and defiant misconduct" relative to the Brown Act. The petitioner of Bauer II was awarded $98,000 in attorneys fees, though Seymour's judgment, and the fees, are being appealed.
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