RECENT CALIFORNIA DECISIONS

June 2009

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Third District Holds Brown Act Does Not Require Open Meeting to Evaluate Performance of Independent Contractor Acting as LAFCO Executive Director
Hofman Ranch v. Yuba County Local Agency Formation Commission

The Third District Court of Appeal affirmed the lower court’s ruling and denied the petitioners’ Frances Hofman, Emma Hofman, and Hofman Ranch petition for writ of mandate asking the court to set aside all actions taken in a closed session meeting of the Yuba County Local Agency Formation Commission (LAFCO) and to enjoin all future closed session evaluations of independent contractors. Under the Ralph M. Brown Act, the court found that Yuba County LAFCO appropriately conducted the performance evaluation of an executive officer in closed session.