News

Shinoff, Sleeth and Carelli Successfully Defend Brown Act Violation Suit in Fourth Appellate District Court

September 12, 2007

Dan Shinoff, Jack Sleeth and Paul Carelli successfully defended an appeal of a trial court ruling denying Plaintiff's petition for writ of mandate. The Plaintiff sought a declaration that the Board of Trustees of a school district violated the Brown Act by meeting in closed session and deciding not to renew her term as an Assistant Superintendent. The Court held that the closed session matter was not based on complaints or charges against the Assistant Superintendent under Government Code section 54957(b)(2). Instead, the school board's decision to reelect or nonreelect necessarily involved the evaluation of performance, which Government Code section 54957 permits in closed session. The Plaintiff's petition for writ of mandate was denied by the trial court and affirmed by the Appellate court.

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