Open government roundup: First Amendment Coalition has its day in court in case against San Jose

The First Amendment Coalition and Working Partnerships USA appeared in court to make arguments in their jointly filed lawsuit against San Jose over the city’s failure to disclose information regarding negotiations with Google to sell public land for a downtown development. “The people are the boss of the government, not the other way around,” FAC Executive Director David Snyder told a reporter after the hearing in Santa Clara Superior Court. The judge’s ruling is forthcoming. (The Mercury News, Aug. 1, 2019, by Emily DeRuy )

The Dixie Education Foundation set up to provide capital improvements in the Miller Creek Elementary School District has been under scrutiny for lack of transparency after a teacher complained in June about secrecy shrouding of the foundation’s work. One school board members expressed confidence that the foundation observed the Brown Act, the state’s open meetings law, but a foundation official said the foundation was not governed by the law. Another school board member said the foundation could foster public support by adding a website and publishing dates for its annual meetings. (Marin Independent Journal, July 26, 2019, by Keri Brenner)

A former manager of the Strawberry Recreation District is suing the district for wrongful termination and gender harassment and alleging as well that three board members violated the Brown Act by meeting to decide issues before board meetings. (Marin Independent Journal, July 26, 2019, by Matthew Pera)

The Solvang City Council may have violated the Brown Act when it shut down funding and canceled the contracts of agencies promoting tourism and local businesses. The action was taken in closed session under the vague label of “threatened litigation.” (Santa Ynez Valley Star, July 15, 2019, by Raiza Giorgi)

A Superior Court judge ruled that Orange County violated open government laws by destroying certain public records and requiring public speakers at board meeting to ask for the chair’s permission to address individual board members. The American Civil Liberties Union brought suit against the Orange County Board of Supervisors on behalf of the People’s Homeless Task Force to stop limiting public comment and to make accessible copies of public records before destroying them. (The Orange County Register, July 10, 2019, by The Editorial Board)

The Mendocino County Grand Jury concluded that the local sanitation district violated the spirit of the Brown Act by reducing transparency. The grand jury claimed also that the district denied its requests for records as required under the California Public Records Act. (The Ukiah Daily Journal, June 30, 2019, by UDJ)

In a bizarre development, Mayor John Soria allowed his city-paid bodyguard to attend a June 18 closed city council meeting in clear violation of the Brown Act that prohibits disclosure of confidential information to unofficial individuals. (Cerritos Community News, June 26, 2019, by Brian Hews)

The Pomona City Council took steps to comply with the Brown Act by ordering Historic Preservation commissioners to discuss business only during noticed meetings and to avoid using the social network site Nextdoor or other social media to discuss official business with each other. (Inland Valley Daily Bulletin, June 22, 2019, by Liset Márquez)

The Cambrian Community Service District announced it would not longer charge for e-mailed agendas in violation of the CPRA and the Brown Act. (Cal Coast Times, June 21, 2019)

The Sonora Union High School District agreed to pay the legal fees of $90,000 to the Tuolumne Farm Bureau and hand over public records related to the failed sale of 112 acres to the Park Foundation. (The Union Democrat, June 20, 2019, by Giuseppe Ricapto)

The Kings County Grand Jury faulted the Lemoore City Council for violations of the Brown Act during their meetings. The grand jury observed frequent disruption and failure to follow rules for orderly meetings and recommended that all city council members attend training sessions on how to run meetings. (The Sentinel, June 6, 2019, by Lauren Wagner)