OPEN MEETINGS: Board to Consider Correcting Its Correction

Posted by Terry Francke, General Counsel | Nov 25, 2008 | Legal Issue: Open Meetings | 0 |

The Redlands Daily Facts reports that the Rialto school board is to decide tonight whether to accommodate Richard McKee's demand that it correct two prior actions he calls violative of the Ralph M. Brown Act. McKee, President Emeritus of Californians Aware, says that the trustees first violated the law in using a closed session on November 5 to award outgoing Superintendent Edna Davis-Herring a severance package worth $300,000.

When the board used an open session 12 days later to ratify that decision, McKee says, the posted agenda listing, "Adoption of Resolution No. 08-09-21 confirming prior action of the Board of Education (Ref. K 5.1-11)" violated the law in that it was "impermissibly vague and did not provide fair warning to the public of what was being considered and acted upon by the Board," McKee says.

About The Editor

Terry Francke, General Counsel

Terry Francke has a 39-year history of helping journalists, citizens and public officials understand and use their First Amendment and open government rights. With CalAware, Francke has authored comprehensive and authoritative guidebooks to California law on access to government meetings and public records and the news gathering and publication rights of journalists. Focusing on these issues in public forum law, he supervises CalAware's legislative and litigation initiatives; conducts workshops on legal compliance; helps design public records audits; supports local sunshine ordinance drafting efforts; writes CalAware Today, a blog on current developments and proposals in the law and best practices; and answers countless queries by phone and e-mail from citizens, journalists, public officials and employees, and lawyers. Francke previously served 14 years as executive director and general counsel to the California First Amendment Coalition, after a 10-year post as legal counsel for the California Newspaper Publishers Association. He has served as an advisory panel member to the National Center on Courts and the Media; taught journalism law at the Department of Communication at Stanford University; and served as an expert contributor to the 1994 major revisions to the Ralph M. Brown Act and the 2004 ballot proposition making open government a basic right of citizens under the California Constitution. Francke is a 1967 graduate of the University of Notre Dame and a 1979 graduate of McGeorge School of Law, University of the Pacific. Prior to his legal career, Francke worked as a weekly newspaper editor and in military and local government public affairs positions.

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