Search Results for: 54952(c) nonprofit Brown

Public Funds and the CPRA

Public Funds and the CPRA Q: Are organizations that put on state fairs with public money subject to the CPRA, especially considering their authorization in law? A: There is authority for the proposition that agencies that are subject to the Brown Act are subject to the PRA, as well.  The definition of “local agency” under Government Code Section 6252 includes “nonprofit entities that are legislative bodies of a local agency pursuant to subdivisions (c) and

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A&A: Charter schools and public oversight

Q: I have reason and documentation to believe that the charter school my children attend has not been properly permitted and fire codes have been violated. The Governing Board falls under the Brown Act as a California Nonprofit Public Benefit Corporation. Can I request and receive copies of permits from the school for the portable classrooms on campus? Because one of the Board members is affiliated with the City Office I was told I couldn’t

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Regional Centers and the CPRA

Regional Centers and the CPRA Q: Are the roughly 21 private non-profit corporations known as Regional Centers (effectively created by the Lanterman Act)  that operate under contract with the Department of Development Services, subject to the Brown Act, and thus, to the CPRA? A: The mere fact that a nonprofit is created by state action or contracts with a state agency would not subject it to the requirements of the CPRA.  As you suggest in

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A&A: Brown Act requirement for private nonprofits?

Q: Please clarify for me the requirements of Brown Act compliance for a private nonprofit. We are members of an electric cooperative. As  members of the cooperative we are each eligible to be board members.  The elected directors make determinations on how operating capital is expended and invested. There has recently been allegations of fraud and theft among leading employees and directors of the board and the Attorney for the group is claiming they are

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A&A: When is a non-profit board subject to the Brown Act?

Q: I am Chief of Staff at a hospital that is part of a nationwide health care service, and an ex officio member of the hospital Board. Hospital executives have twice dismissed me from the Board room while they conducted official business in my absence. (I am the only Board member not appointed by the parent company, and I oppose some of their plans). The parent organization states this is legal, and also that they

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New guide for obtaining non-profit status for journalism enterprises

The Citizen Media Law Project found that in applying for non-profit status, journalism companies did not always understand how the Internal Revenue Service made their decisions and as a result suffered delays and denial.  The “Interactive Guide to the Internal Revenue Service Decision-Making Process under Section 501(c)(3) for Journalism and Publishing Non-Profit Organizations” provides detailed information about IRS standards. -db From the Citizen Media Law Project, May 31, 2012. To read the guide  

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A&A: County Bar Association and the CPRA and Brown Act

Q: I am reading the Attorney General opinion concerning the private cable company that must comply with open meeting and records requests — would this apply to a local County Bar Association which has been delegated certain county functions.  It would seem to me that it would; but they are taking a very aggressive stance with me as I try to ask these questions. A: It sounds like you are talking about the 2002 AG

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A&A: Does Brown Act apply to nonprofit and government agency overlap?

Q:  A nonprofit 501c3 foundation was set up to raise money for a public agency, incorporates the name of the agency into its name, uses the agency’s facilities and relies on the agency to act in the capacity of employer of its staff. Is it arguably a public agency, and as such subject to CPRA? A: The Public Records Act, borrowing the definition from the Brown Act, applies only to nonprofit organizations that either: Were

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A&A: Which Meetings are Governed by the Brown Act? Bagley-Keen Act?

Which Meetings are Governed by the Brown Act? Bagley-Keen Act? Q: Are relevant portions of the following meetings governed by the Brown Act (or the Bagley-Keen Act)?:  The board meetings of a nonprofit that a County Dept of Mental Health has contracted with to run a program which has been fully developed by the County Mental Health Department, when that board discusses such program?  The program was approved by the California Department of Mental Health

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California earns C- for government transparency and accountability

The bad news is that California state government received a C- for transparency and accountability in a 2015 study from the The Center for Public Integrity and Global Integrity. There is no good news; the highest grade in the country was a C. (The Center for Public Integrity, November 9, 2015, by Nicholas Kusnetz) California earned Fs in public access to information and judicial accountability and a D+ in state civil service management. It earned

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A&A: CA Public Benefit Corporations and the CPRA

Q: We are a very small group of residents are concerned about a community plan, which is in process of being amended, and the revised EIR that will be coming out soon that could bring a potential of overwhelming development to our area. We’ve been working on the growth issue for two years now and have just recently organized as a non-profit (CA Public Benefit Corp) and filed under IRS 501(c)(3) to obtain a Determination

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A&A: Open Meeting Rules for Chamber of Commerce/ Non-Profits

Open Meeting Rules for Chamber of Commerce/ Non-Profits Q: Our chamber of commerce receives funding from the city offset costs associated with operating a visitors center in conjunction with the chamber office. Is the chamber subject to the same rules for request for information that the city is required to adhere to? Are there any commonly accepted procedures for holding elections for the chamber board? A: Typically, chambers of commerce fall in the category of

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A&A: Religious institutions and the Brown Act

Religious institutions and the Brown Act Q: I would like to find out if the Brown Act applies to Churches/Temples that are non profit or charitable institutions? Can the President of a board of directors have meetings with a few members of the board without taking minutes and without the full executive committee brought in to the “dinner” or meeting prior to a scheduled but closed meeting of the board? A: The Brown Act applies

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AG Opinion #01_401_02

OPINION of BILL LOCKYER, Attorney General; MARJORIE E. COX, Deputy Attorney General No. 01-401 Office of the Attorney General of the State of California Filed March 14, 2002 THE HONORABLE TONY STRICKLAND, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following questions: Do the open meeting requirements of the Ralph M. Brown Act apply to the meetings of the governing board of a private, nonprofit corporation formed for the purpose of providing

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A&A: The Brown Act and non-government youth organizations

The Brown Act and non-government youth organizations Q: I need to know if there are any acts, like the Brown or Public records acts, that govern youth sports leagues. My daughters play for a league that has closed meetings and meetings that nobody knows about. A: As a general rule, the Brown and Public Records Acts only apply to government agencies.  Since the name of the organization is Santa Maria Girls Softball, Inc., it sounds

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A&A: Brown Act Rules for Non-Profits

Brown Act Rules for Non-Profits Q: As a public non profit corporation that’s primary purpose is to support the public elementary school are we required to comply with the Brown Act? Does having the Principal of the school on the executive board have any bearing on complying with the Brown Act? A: Under Government Code section 54952(c), the governing body of a non-profit organization would be subject to the Brown Act under either of two

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A&A: Little League, Pop Warner, and open meeting laws

Little League, Pop Warner, and open meeting laws Q: Are non-profit youth sports organizations (like Pop Warner, Little League, etc.)  subject to the “open meetings” laws? If not, do you know what? A: As a general rule, open meeting laws, like the Brown Act, only apply to government agencies.  If Pop Warner and Little League are run by private entities, not governmental agencies, then the general rule would be that the open meetings laws would

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A&A: Community Association claims parks are private; city says they’re public

Q: I am doing a story on the Community Association, which operates and maintains a number of parks that were dedicated originally to the county and then the city. The parks are considered public by city officials, but the association says those parks are private. My question has to do with the Brown Act. If the community association, a public benefit nonprofit corporation, holds board meetings to discuss these public parks, are these meetings considered

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A&A: Governing Boards with Public Funds

Governing Boards with Public Funds Q: I would like to know if governing Boards for co-ops that use public funds fall into the jurisdiction of the Brown Act or the Bagley-Keen open meeting act?  If so how the Brown Act applies to these governing bodies? A: The California Brown Act generally requires “legislative bodies” of “local agencies” (for example, cities, counties, and school districts) to hold their meetings open to the public unless a specific

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A&A: Are Community Action Agencies Subject to the Brown Act?

Q: You would think that Community Action Agencies (nonprofit 501c3) would be subject to the Brown Act since they were created under the Economic Opportunity Act of 1964, are required to have one-third of their board made up of elected officials, and receive huge amounts of federal and state tax payer monies, etc. But a local newspaper here told us they are not. Can you settle this? A: A “legislative body” is subject to the Brown

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