Brown Act roundup: San Diego city council in hot water over restrictions on public comment

A San Diego nonprofit filed a lawsuit claiming that the City of San Diego was violating the Brown Act, California’s open meeting law, by failing to add or allow non-agenda public comment on Monday agendas thus eliminating public comment. The nonprofit claims that the Brown Act requires public comment for each meeting. (San Diego Reader, September 12, 2014, by Dorian Hargrove)

The San Diego city attorney told the city council that they were most likely violating the Brown Act in continuing a practice started 13 years ago. The council meets for two days, Monday and Tuesday, but only allows public comment on non-agenda items on Tuesday. (The San Diego Union-Tribune, September 15, 2014, by David Garrick)

Another government agency in the San Diego County, the Encinitas Union School District, has been challenged for violations of the Brown Act in this instance a management retreat in the Palm Springs area held without inviting the public. Californians Aware threatened a lawsuit in a demand letterover the retreat that the city attorney claimed did not include votes on policy and was limited to discussion of the past year and plans for next year. But the letter said discussion was not exempt under the Brown Act. (Seaside Courier, September 11, 2014, by Maggie Avants)

First Amendment advocates including the First Amendment Coalition are asking Governor Jerry Brown to veto Senate Bill 1300. The bill purports to strengthen safety in oil refineries but in requiring refineries to file reports on scheduled shutdowns for maintenance, the bill included amendments allowing the companies to withhold information from the public and sue those seeking public records. (East County Magazine, September 16, 2014, by Miriam Raftery)