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Search Results for: cure correct letter

A&A: Agency answered cure & correct letter with demonstrable falsehoods

FAC February 4, 2011

Q: I sent a letter to a public agency requesting “cure and correction,” to a Brown Act violation.  The Agency responded with a signed document that contained demonstrably false statements of fact. What is the correct name and legal status of this response document? Is it a legal response that is subject to perjury or other criminal violations? A: As you may know, under the Public Records Act, public records — which include “any writing

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Template for Brown Act ” Cure and Correct” demand letter

firstamendment June 14, 2009

resources ACCESS TO Meetings Template For A Brown Act “Cure and Correct” Demand Letter Download FAC’s Brown Act Primer Sending a “Cure and Correct” demand letter is only appropriate when an action has actually been taken that needs to be corrected. In other words, if the Brown Act is violated yet no action was taken,  then a cure and correct demand letter would not be sent. Rather, a person would turn to the courts for

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A&A: I’ve Filed A Brown Act Violation Cure or Correct Letter. What Is My Next Step If They Fail to Comply?

FAC April 21, 2022

Q: I have served a Brown Act Violation Cure or Correct/Cease and Desist Letter to a local city agency in California. I was wondering which would be the best next step if they do not comply. File a lawsuit? Contact the DA? I quoted an opinion from the CA Attorney General in the document which supports my position. I can’t afford to pay an attorney. Do you have any ideas? A: If the city agency

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Open Meetings

firstamendment February 15, 2013

RESOURCES Accessing Public Meetings Welcome to FAC’s Open Meeting resources.  In California, the key opening meeting law is the Ralph M. Brown Act, which requires legislative entities of local governments and agencies—for example, city councils and school boards— to conduct business in a way that enables the public to scrutinize government decision-making. On this page you will find links to all of our resources for the Brown Act including Brown Act questions answered by our attorneys

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A&A: What is the Brown Act statute of limitations?

FAC February 2, 2012

Q:  I was fired a year ago, but I am only now reading that the board violated the Brown Act by not disclosing that my position would be discussed in closed session — 54957. (2) is the violation. I see from your A&A section that there is only only a 90-day window of opportunity to submit a Cure & Correct letter, but I do not see that spelled out in the Brown Act itself. Where

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A&A: Brown Act violations in closed session real-property negotiations

FAC September 8, 2016

Q: The City Council on held a real property negotiation in closed session without meeting the requirement to disclose the party being negotiated with. This has occurred three times before, and was recorded by me on June 1. I want to delay the sale of the properties being negotiated. I need to know how to use the “Cure and Correct” action to cause the Council to have to invalidate the property sale. I am not sure

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A&A: “Briefings” on controversial project really serial meetings?

FAC August 18, 2010

Q: The planning commission was given six days to review a 117 page packet for a very controversial project for the gateway of our city, which has not been developed. The day before the commission hearing, the city manager held a series of “briefing” meetings with groups of the 2-3 planning commissioners at a time (our commission has 7 members). According to the schedule, more than a quorum of commissioners were scheduled for a meeting

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A&A: School district denies Brown Act violation. What next?

FAC June 17, 2013

Q: Thank you for your helpful website. I used your Cure & Correct demand template to submit a Cure & Correct letter to the Board of Trustees and the attorney representing our school district. My letter was sent on April 10, 2013, and it referenced several Brown Act violations related to a School Board meeting on March 12, 2013 where the decision was made to release me from my position without cause. The attorney responded

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A&A: Supervisors multi-tasking during public comment

FAC December 21, 2011

Q: During a hearing on a massive development project the several county supervisors walked around the room, talked on cell phones, or to each other or staff, worked on their computers and otherwise did not listen to any of the public testimony. This is particularly discouraging because this is a massive project with terrible impacts to our community. Does failure to pay attention to the testimony being giver or discussing the matter privately between themselves

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A&A: Dealing with a cure and correct notice in a closed session

firstamendment June 13, 2009

Dealing with a cure and correct notice in a closed session Q: The school board I am a member received a cure and correct challenge regarding an action taken in closed session to dismiss an employee.  The cure and correct involves whether proper notice was given for the meeting.  The president and superintendent have placed the response to the cure and correct claim on next week’s agenda.  They are saying it is a closed session

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A&A: Councilmembers May Have Met Privately to Agree on Vote Outcome

FAC November 6, 2018

Q: The City Council recently placed a rent control measure on the November ballot, and one of the Councilmembers who suggested a change to it before it was voted on, told an online newspaper: “[The Councilmember] said deals had been made to line up enough votes for that 15-year timeline, but “I saw an opportunity to jump in” and call a vote on extending it.” This sounds to me like a possible case of the

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First Amendment Coalition

FAC December 6, 2021

First Amendment Coalition Defending Free Speech & The Public’s Right To Know NEW VIDEO: Check Out Our Know Your Rights Series Coalition Condemns L.A. Sheriff’s Attack on Journalist FAC Demands Police Transparency in San Diego Police Shooting OUR MISSION​ FAC is an award-winning nonprofit dedicated to advancing free speech, open government and public participation in civic affairs. BECOME A MEMBER We’re proud to offer a free membership to those who want to join our fight

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A&A: Non-Agenda Items, Emergency Items, and the Brown Act

firstamendment June 13, 2009

Non-Agenda Items, Emergency Items, and the Brown Act Q: We may have a violation of the Brown Act. A non-agenda item was brought up and “deemed” an emergency and was voted upon. This after the City Attorney opened the meeting and stated that “the item” would not be discussed. The alleged emergency does not fit any of the emergency statements listed in the Brown Act. How does the public now pursue action against the city

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A&A: Can a California City Council Cut Public Comment Time with No Notice Before Meeting?

FAC August 26, 2020

Q: At the last two City Council meetings, the agenda has announced a three-minute time limit per person for public comments. Then, at the start of the meeting, this has been reduced to two minutes. I’ve reviewed (to the best of my ability) relevant case law that allows for deviations from the Brown Act when there is a lengthy agenda, or where the city’s Rules and Procedures outline that speakers can be given “up to”

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A&A: Grounds for Cease & Desist under the Brown Act

FAC March 31, 2016

Q: Last June, my local City Council approved a $120,000 contract to a lobbying firm to work on a pending piece of legislation. The approval was in closed session and labeled as “Pending Litigation.”  Under the Brown Act, do I have legal grounds to pursue a Cease & Desist order? [su_button url=”https://firstamendmentcoalition.org/legal-hotline” target=”blank” style=”flat” background=”#7da1fa” color=”#0b0707″ size=”5″ wide=”yes” center=”yes” radius=”0″ desc=”Click Here!” class=”div { font-size:x-small; }”]Have a Brown Act question? Ask FAC’s free Legal Hotline for

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A&A: Unposted Supporting Documents and Public Comment on those Documents

firstamendment June 13, 2009

Unposted Supporting Documents and Public Comment on those Documents Q: The County Board of Supervisors had an agenda item that has been hotly contested for a number of years by this unincorporated community.  Before the meeting, this item was posted.  The “findings of fact” that support the item were not.  These “findings” were not made available to the public until one and a half hours before the meeting.  In fact one of the supervisors complained

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