The Brown Act: Closed or Open The Cuyama Joint Unified School District

Observations 7

• OB1
  Only two of five members of the current Cuyama Joint Unified School District Board of Education were recorded as having received the required training under California Government Code 53235.1.
• OB2
  The confidentiality rules for the May 21 and 22, 2011 closed meetings of the Cuyama Joint Unified School District Board of Education were violated.
• OB3
  All requirements of the Ralph M. Brown Act related to the confidentiality of closed sessions fully apply to the Cuyama Joint Unified School District. 4 2011-12 Santa Barbara County Grand Jury THE BROWN ACT: CLOSED OR OPEN
• OB4
  Real estate negotiations
• OB5
  Certain grand jury testimony
• OB6
  Discussions of public security
• OB7
  Discussions of public employment … to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee … Thus, the Act protects all confidential information acquired during a closed meeting of a covered legislative body. Such information may be made public only if authorized by a majority of the legislative body, in this case the CJUSD Board of Education. Furthermore, the CJUSD has adopted bylaws and policies that address the issue of confidentiality of closed sessions. CJUSD Board of Education Policy 4119.23 states: The Governing Board, administration and staff shall maintain the confidentiality of all confidential records until such time as laws, state regulations and/or bylaws of this district permit disclosure. CJUSD Board of Education Bylaw 9011 states: In accordance with the law, a Board member shall not disclose confidential information acquired during a closed session to a person not entitled to receive such information, unless a majority of the Board has authorized its disclosure. (Government Code 54963) The legal requirement for Brown Act training, retraining, and maintenance of training records Subsequent legislation mandates that members of legislative bodies receive training which reviews the requirements of the Act. Government Code Section 53235(b) ... at least two hours of training in general ethics principles and ethics laws relevant to his or her public service every two years. 2011-12 Santa Barbara County Grand Jury 3 THE BROWN ACT: CLOSED OR OPEN In addition, Government Code Section 53235.2 (a) and (b) provide that the agency, in this case the CJUSD: (a) ... shall maintain records indicating both of the following: (1) The dates that local officials satisfied the requirements of this article. (2) The entity that provided the training. (b) ... shall maintain these records for at least five years after local officials receive the training. Two of the five members of the CJUSD Board of Education serving in May of 2011 were recorded as having received training which included a review of the Act. Members also received the publication entitled The Brown Act and Voting at Governing Board Meetings in addition to follow-up information provided from time to time by their legal counsel and the Santa Barbara County Education Office. Brown Act violations by attendee(s) of the May 21 and 22, 2011 closed meetings of the CJUSD Board of Education In accordance with the Brown Act, special closed meetings held on May 21 and 22, 2011 were so noticed to the public on posted agendas. The agendas stated that: The Board will consider and may act upon any of the following items in closed session. (A) Public Employee(s) interview: Superintendent .... It was reported that on May 23, 2011 confidential information from the closed meetings was being discussed in public places. These discussions included specific information that could only have come from the May 21 and 22 closed meetings. The information should not have been in the public domain. U nless authorized by a majority of the CJUSD Board of Education, such public disclosure would constitute a violation of the closed session protections afforded by the Brown Act. The Jury learned that there was no such authorization. The purpose of the Brown Act is to ensure that the public’s business is conducted in public. It is also recognized by the Act that there are circumstances, carefully spelled out, that require confidentiality for the public good. Violations of either the open or closed meeting rules of the Act are unethical, illegal, and contrary to good governance. FINDINGS AND RECOMMENDATIONS Finding 1 All requirements of the Ralph M. Brown Act related to the confidentiality of closed sessions fully apply to the Cuyama Joint Unified School District. 4 2011-12 Santa Barbara County Grand Jury THE BROWN ACT: CLOSED OR OPEN Finding 2 Only two of five members of the current Cuyama Joint Unified School District Board of Education were recorded as having received the required training under California Government Code 53235.1. Finding 3 The confidentiality rules for the May 21 and 22, 2011 closed meetings of the Cuyama Joint Unified School District Board of Education were violated.

No Responses Found 1

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