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Teacher union raises Brown Act concern about board president's remote location, late agenda attachment
Summary
A representative of the teachers’ union told the board the agenda did not properly disclose the board president’s physical location for a Zoom appearance and that an attachment for an agenda item was posted late, potential Brown Act violations the speaker said.
Carissa Carrera, speaking on behalf of the Coachella Valley Teachers Association, told the board on July 24 that the agenda failed to disclose the board president’s physical meeting location in time for the public and that a document attached to agenda item 5.1 was posted only on the meeting day.
“By law, under the Brown Act, if you’re going to be on Zoom, you have to advertise within 72 hours... where you’re going to be located because people are supposed to be able to attend the meeting in your location if they choose to,” Carrera said, adding that the attachment for item 5.1 was not available when the agenda was posted earlier in the week and left her no time to prepare comments.
Why it matters: The Brown Act (California’s open-meeting law) requires that when a public official attends a meeting remotely from a physical location the public must be able to view that location if the agency posts it as part of the agenda process. Public notice and timely posting of agenda attachments allow interested members of the public and stakeholders to review materials and prepare comment.
Board members and staff responded that commenters could raise remaining concerns during the open-session public comment period and that the item in question (5.1) would be available for comment during open session. The board nonetheless proceeded with its agenda and later took action on item 5.1.
Carrera’s statement was recorded as part of the closed-session public-comments opportunity and again noted during open session. The district did not announce any determination or staff finding about a Brown Act violation during the meeting.
