Item Coversheet

Mountain View Whisman School District

Agenda Item for Board Meeting of 1/10/2019

Agenda Category:  REVIEW AND ACTION

Agenda Item Title:  Approval of Government Code section 54960.2 (Brown Act) Commitment (3 minutes)

Estimated Time: 

Person Responsible:  Dr. Ayindé Rudolph, Superintendent


The Mountain View Whisman School District (“District”) has received a cease and desist letter dated December 11, 2018 and a subsequent letter dated December 20, 2018, alleging that the following past action of the legislative body violates the Ralph M. Brown Act.  Specifically, the alleged violation relates to agendizing “Negotiations” at board meetings held on January 4, 2018 and April 19, 2018. 


In order to avoid unnecessary litigation and without admitting any violation of the Ralph M. Brown Act, the District hereby unconditionally commits that it will cease, desist from, and not repeat the challenged past action as described in the attached letters.


The District may rescind this commitment only by a majority vote of its membership taken in open session at a regular meeting and noticed on its posted agenda as “Rescission of Brown Act Commitment.” You will be provided with written notice, sent by any means or media you provide in response to this message, to whatever address or addresses you specify, of any intention to consider rescinding this commitment at least 30 days before any such regular meeting. In the event that this commitment is rescinded, you will have the right to commence legal action pursuant to subdivision (a) of Section 54960 of the Government Code. That notice will be delivered to you by the same means as this commitment, or may be mailed to an address that you have designated in writing.

Fiscal Implication:

Recommended Action: 
That the Board unconditionally commits that it will cease, desist from, and not repeat the challenged past action as described. 

DescriptionTypeUpload Date
Letters from Steven NelsonBackup Material12/21/2018
Letter to Steven NelsonBackup Material12/21/2018