Preemptive warning to Board about Brown Act violations

June 17^th, 2015

I have prepared my statement in written form tonight so that there is no confusion as to what I intend to say.

The introduction to the Brown Act states in part:

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.

I’d like to comment on a few procedural items regarding the closed session for the Board meeting tonight.

Item 2A

First, I have no interest in knowing the details of the expulsion matter. I realize that the whole thing is a very serious matter. My only interest is that the law is followed. If it is the intention of the Board to hold a vote to expel students in closed session, I’d like it made known that it may be a violation of the Education Code and the Brown Act to do so. I do not know what the Board’s intention is, but it is possible that the Board includes the intention to hold a final action in regard to this matter.

The Education Code permits this Board to hold the hearing in closed session, just not a vote to expel a student. The Districts own AR 5144.1 also states a similarly worded statement. I’d like to also mention that section 48918(g) of the Education Code requires the hearing to be recorded.

The Brown Act only protects the action of a board to affect employment of an employee during closed session, not affect the status of a student.

Education code 48918(j) states:

Whether an expulsion hearing is conducted by the governing board of the school district or before a hearing officer or administrative panel, final action to expel a pupil shall be taken only by the governing board of the school district in a public session.

Government Code 54953(a) states:

 All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.

Government Code 54957.1(a)(5) states in part:

Action taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee in closed session pursuant to Section 54957 shall be reported at the public meeting during which the closed session is held.

Item2B

The Brown act requires that the name of the Agency Representative be named. Not the title. The name.

Government Code 54954.5(f) states: 

(f) With respect to every item of business to be discussed in closed session pursuant to Section 54957.6:

   CONFERENCE WITH LABOR NEGOTIATORS

   Agency designated representatives: (Specify names of designated representatives attending the closed session) (If circumstances necessitate the absence of a specified designated representative, an agent or designee may participate in place of the absent representative so long as the name of the agent or designee is announced at an open session held prior to the closed session.)

Item 2C

The Brown Act requires that any discussion about compensation for an employee (such as the superintendent) only take place in open session. The mere discussion about compensation in closed session is a violation of the Brown Act.

(San Diego Union v. City Counsel, 1983)

Government Code 54957(b)(4) states in part:

Closed sessions held pursuant to this subdivision shall not include discussion or action on proposed compensation except for a reduction of compensation that results from the imposition of discipline.

I ask you to please conduct the people’s business in an open manner consistent with the law.

Government Code 54959 states:

Each member of a legislative body who attends a meeting of that legislative body where action is taken in violation of any provision of this chapter, and where the member intends to deprive the public of information to which the member knows or has reason to know the public is entitled under this chapter, is guilty of a misdemeanor.

Chris Hadland