Gillespie

Gillespie v. San Francisco Public Library Commission

Good Law
1998 Cal. App. LEXIS 947·67 Cal. App. 4th 1165·79 Cal. Rptr. 2d 649·98 Daily Journal DAR 11777·98 Cal. Daily Op. Serv. 8490
Court of Appeal of CaliforniaNovember 17, 1998No. A081426California4,229 words

Opinion

Lead Opinion

Kline, J.

*1168 Opinion

Timothy Gillespie, doing business as Public Access Project, and James Chaffee appeal from the judgment of the San Francisco Superior Court denying their petition for a writ of mandate by which they sought to set aside the San Francisco Public Library Commission’s nomination of candidates for city librarian. On appeal, petitioners contend that (1) the Commission violated the Ralph M. Brown Act (Gov. Code, § 54950 et seq.) 1 (Brown Act) and San Francisco’s “Sunshine Ordinance” (S. F. Admin. Code, § 67.1 et seq.) by meeting in closed session because it had no power to appoint a city librarian; and (2) the commission violated the same statutes by failing to announce the nominations at the same meeting they were made. We shall affirm the judgment.

Factual and Procedural History

The San Francisco Public Library Commission (Commission) held a duly noticed closed session at a special meeting on July 15, 1997. One of the purposes of the closed meeting was to consider the appointment of an acting city librarian. After the meeting, the Commission reconvened in open session and announced that it had interviewed three candidates, and that their names would be submitted to the…

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