California open government roundup: Use of ‘reply all’ in e-mail can create illegal meeting

Local prosecutors advised the Ventura housing commission that it violated the state’s open meeting act, the Brown Act, when e-mail responses with the “reply all” function made the communication an official meeting without public participation. Commissioners received an e-mail from its executive director asking for directions on proposed appointments of new commissioners. (PublicCEO, November 23, 2015, by Jordan Ferguson, Best Best & Krieger LLP.)

A San Diego superior court judge rejected an attempt to throw out an open government lawsuit. Part of the lawsuit charged that the Chula Vista had been violating the Brown Act for more than a decade by appointing city officials to vacant city council seats. (The Star-News, November 21, 2015, by Robert Moreno)

Concord hired an attorney to conduct an investigation of charges of Brown Act violations in selecting a developer for the Concord Naval Weapons Station. One developer alleged that lobbying influenced the selection. (Contra Costa Times, November 20, 2015, by Lisa P. White)

Kelly Hammargren of The Berkeley Daily Planet, November 15, 2015, criticized the Berkeley City Council for regularly voting on new ordinances after closing the public comment part of the council meeting. She charged that by doing so the council blocked the public from having a say in the process.

The California attorney general issued an opinion that labor negotiations exceptions to the Brown Act do not permit closed sessions to discuss negotiations of a labor agreement with outside contractors who are not district employees.  (Best Best & Krieger LLP., November 12, 2015)