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Re: Items Regarding Due Process and California Law

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  • Ms. Ott
    Note that according to the California Government Code section 24957. (b).(2) that if the School Board decides to hold a Closed Session regarding the
    Message 1 of 4 , Dec 5, 2005
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      Note that according to the California Government Code section 24957.
      (b).(2) that if the School Board decides to hold a Closed Session
      regarding the transfer/discipline of Elizabeth Jaeger and Linda
      Prarie, "the employee shall be given written notice of his or her
      right to have the complaints or charges heard in an open session
      rather than a closed session." The notice "shall be delivered to
      the employee personally or by mail at least 24 hours before the time
      for holding the session. If notice is not given, any disciplinary or
      other action taken by the legislative body against the employee based
      on the specific complaints or charges in the closed session shall be
      null and void."

      Sections of the applicable Government Codes are below.


      54950. In enacting this chapter, the Legislature finds and declares
      that the public commissions, boards and councils and the other
      public agencies in this State exist to aid in the conduct of the
      people's business. It is the intent of the law that their actions be
      taken openly and that their deliberations be conducted openly.
      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.



      54957. (a) Nothing contained in this chapter shall be construed to
      prevent the legislative body of a local agency from holding closed
      sessions with the Attorney General, district attorney, agency
      counsel, sheriff, or chief of police, or their respective deputies,
      or a security consultant or a security operations manager, on matters
      posing a threat to the security of public buildings, a threat to the
      security of essential public services, including water, drinking
      water, wastewater treatment, natural gas service, and electric
      service, or a threat to the public's right of access to public
      services or public facilities.
      (b) (1) Subject to paragraph (2), nothing contained in this
      chapter shall be construed to prevent the legislative body of a local
      agency from holding closed sessions during a regular or special
      meeting 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 by another person
      or employee unless the employee requests a public session.
      (2) As a condition to holding a closed session on specific
      complaints or charges brought against an employee by another person
      or employee, the employee shall be given written notice of his or her
      right to have the complaints or charges heard in an open session
      rather than a closed session, which notice shall be delivered to the
      employee personally or by mail at least 24 hours before the time for
      holding the session. If notice is not given, any disciplinary or
      other action taken by the legislative body against the employee based
      on the specific complaints or charges in the closed session shall be
      null and void.
      (3) The legislative body also may exclude from the public or
      closed meeting, during the examination of a witness, any or all other
      witnesses in the matter being investigated by the legislative body.
    • SarahCreeley@aol.com
      Hi All, Please read the Ed Code below. Thank you Ms Ott! I really appreciate all the information you have shared. I think this passage below applies. Hopefully
      Message 2 of 4 , Dec 6, 2005
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        Hi All,
        Please read the Ed Code below.

        Thank you Ms Ott! I really appreciate all the information you have shared. I
        think this passage below applies. Hopefully it will be followed.
        LOVE,
        Sarah

        In a message dated 12/5/2005 2:10:05 PM Pacific Standard Time,
        msott@... writes:

        >
        > Note that according to the California Government Code section 24957.
        > (b).(2) that if the School Board decides to hold a Closed Session
        > regarding the transfer/discipline of Elizabeth Jaeger and Linda
        > Prarie, "the employee shall be given written notice of his or her
        > right to have the complaints or charges heard in an open session
        > rather than a closed session." The notice "shall be delivered to
        > the employee personally or by mail at least 24 hours before the time
        > for holding the session. If notice is not given, any disciplinary or
        > other action taken by the legislative body against the employee based
        > on the specific complaints or charges in the closed session shall be
        > null and void."
        >
        > Sections of the applicable Government Codes are below.
        >
        >
        > 54950. In enacting this chapter, the Legislature finds and declares
        > that the public commissions, boards and councils and the other
        > public agencies in this State exist to aid in the conduct of the
        > people's business. It is the intent of the law that their actions be
        > taken openly and that their deliberations be conducted openly.
        > 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.
        >
        >
        >
        > 54957. (a) Nothing contained in this chapter shall be construed to
        > prevent the legislative body of a local agency from holding closed
        > sessions with the Attorney General, district attorney, agency
        > counsel, sheriff, or chief of police, or their respective deputies,
        > or a security consultant or a security operations manager, on matters
        > posing a threat to the security of public buildings, a threat to the
        > security of essential public services, including water, drinking
        > water, wastewater treatment, natural gas service, and electric
        > service, or a threat to the public's right of access to public
        > services or public facilities.
        > (b) (1) Subject to paragraph (2), nothing contained in this
        > chapter shall be construed to prevent the legislative body of a local
        > agency from holding closed sessions during a regular or special
        > meeting 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 by another person
        > or employee unless the employee requests a public session.
        > (2) As a condition to holding a closed session on specific
        > complaints or charges brought against an employee by another person
        > or employee, the employee shall be given written notice of his or her
        > right to have the complaints or charges heard in an open session
        > rather than a closed session, which notice shall be delivered to the
        > employee personally or by mail at least 24 hours before the time for
        > holding the session. If notice is not given, any disciplinary or
        > other action taken by the legislative body against the employee based
        > on the specific complaints or charges in the closed session shall be
        > null and void.
        > (3) The legislative body also may exclude from the public or
        > closed meeting, during the examination of a witness, any or all other
        > witnesses in the matter being investigated by the legislative body.
        >
        >
        >



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