The recently enacted AB 992 is the first Brown Act amendment to deal with social media. The Brown Act is the state’s main open meeting law. The amendment allows public officials to communicate with and answer questions of constituents using social media but does not allow them to use social media to discuss official business with other members of their legislative body. (JD Supra, October 21, 2020, by Albert Maldonado and HongDao Nguyen of Best Best &I Krieger Attorneys at Law)
In a 3-0 ruling a California appeals court said that Miguel Guerrero could pursue his quest to discover why a Riverside County judge authorized a wiretap on him in 2015. He was never arrested or charged with a crime. (Reason, October 21, 2020, by Eugene Volokh of the Volokh Conspiracy)
The East Bay Times writes in an editorial, October 18, 2020, that they have so far been unsuccessful in obtaining reports of the investigations of two Contra Costa Community College District board members. The Times submitted a public records request near the end of August. The Times fears that board President Rebecca Barrett may have acted improperly in delaying notification of the investigations until just before the election when results were known in March.
One of the board members of the Contra Costa College District under investigation was charged with violating the Brown Act in contacting board members Barrett and Andy Li to gain support for remaining board president. (Experience, October 17, 2020, by Elizabeth McLaurin)
Betsy Cawn of the Anderson Valley Advertiser, October 14, 2020, alleges that the Lake County Board of Supervisors is shutting the public out of decisions by writing agendas behind the scene and creating boards, committees and commissions who rarely appear in a public forum. She also alleges that department heads rarely if ever provide reports on results of funded projects or programs.
The Modesto Irrigation District board vindicated a member suspected of violating a closed session he participated in from the cab of his truck during almond harvest. He was suspected of allowing an unauthorized person to listen to the proceedings. The arm of the unauthorized person that other board members saw was that of the member’s grandson who had appeared briefly to pick up the harvest log. (The Modesto Bee, October 14, 2020, by John Holland)
Members of the Broadmoor Police Protection District, on the border of San Francisco, are planning to sue the district alleging among other things violations of the Brown Act by one of the commissioners. The open meeting allegation held that the commissioner Michael P. Connolly forced the board to vote on an item not on the agenda, to appoint him the next paid police chief. (MENAFN, October 13, 2020)
A Shasta County man announced during public comment time that he was conducting a citizens arrest of the Shasta County Board of Supervisors and the County Counsel for violating the Brown Act. After he finished his announcement and he asked to continue, his time ran out and county bailiffs escorted him from the meeting. He then filled out a complaint about illegal closed sessions. (KRCR, October 6, 2020, by Mike Mangas and Akutin Herbaugh)
A group contesting a Cathedral City Council decision to phase out short term rentals says the council violated the Brown Act during deliberations on the decision by not releasing to the public a letter form the Band of Cahuilla Indians supporting short term rentals. (NBC Palm Springs, September 30, 2020, by Olivia Sandusky)
The Santa Barbara County Board of Supervisors rejected findings of the County Grand Jury concerning violations of the Brown Act in adopting a cannabis ordinance. The grand jury concluded that the board’s ad hoc committee for creating the regulations was not subject to the Brown Act and failed to conduct itself with transparency. (Santa Barbara News-Press, September 25, 2020, by Josh Grega)