Our 10 year old daughter EM yesterday: so um I didn't wear my pajamas to school on Friday, but other kids did, and Mr. C***** did because we thought it was pajama day and last month there was a lollipop day and we think there is a violation of the Brown Act.
Mom and Dad: what??
EM (looking at us like we're dense): Weren't you listening? I'm concerned because Pajama Day at my school may violate the Brown Act--you know the California Public Meetings Law?
Dad: Yes. We know what the Brown Act is.
EM: Well you didn't act like you did.
... (we tend not to respond to such accusations from her)
EM: So, C*** in my class is the school treasurer. And he was at every meeting of the student
council and it was decided at the last student council meeting that last Friday would be Pajama Day. And so he announced it to our class, and a lot of kids wore their jammies and so did Mr. C****** and it turned out it wasn't Pajama Day and no other kids or teachers had pajamas!
So this means that either there was a meeting that C*** wasn't invited to at which time the date of Pajama Day was changed, or there was a failure to post the agenda or adequately advertise the meeting--both of which are violations of the Brown Act--so we're protesting and writing letters. Do you think that this was a violation of the Brown Act?
Bill (cautiously): well, it sounds like you've got a good case, my only question would be whether your school Student Council is considered one of the public bodies whose meetings are subject to the Brown Act.
EM (looking at us incredulously again): Well, we don't know if it's subject to the Brown Act, but we think that even if they don't have to follow this law, they should.
Whereupon Mom and Dad launch into a brief exigesis on the difference between the spirit and the letter of the law with some fascinating examples of situations where people argued both. During which time EM seemed largely to be reading her Kids Almanac and not listening.
Stay tuned...
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