Board Response to Cease and Desist Letter

On April 19, 2016, the CUSD Board President responded to a Cease and Desist letter (3/21/16) regarding alleged Brown Act violations. The body of the letter is pasted below. The actual letter can be found here.

The Governing Board of the Cupertino Union School District (Board) has received your cease and desist letter alleging that the following described past action of the legislative body violates the Ralph M. Brown Act: the descriptions of closed session items on the agendas for the Board’s October 13, November 17, and December 15, 2015 meetings pertaining to the Luther School site did not provide the names of the negotiating parties or the topic(s) under negotiation; closed session discussions at those same meetings involved discussion of real property negotiations beyond the scope permitted by the Ralph M. Brown Act; and, Board members engaged in serial meetings through discussions with individuals outside the District.

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

The Board 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 In the event that this commitment is rescinded, you will have the right to commence legal action pursuant to subdivision (a) of Section 54960 of the Government Code.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.


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