Search Results for: government bodies must comply with Brown Act, 54951

California open government roundup: Sonoma County must release report on sheriff

Sonoma County must release a report on an harassment complaint against an elected sheriff who claimed a California law protected personnel records of police officers. Referring to the report, a state appeals court wrote, “The truth and accuracy of such statements [the harassment complaint] must be open to testing in the public square. Indeed, the fact we are dealing with what may fairly be characterized as political speech among elected officials toward one another underscores

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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?

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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California school boards must comply with sunshine rules

School boards are governed by the state education code and must continue to post agendas and follow the sunshine requirements. With the passage of the state budget that cuts funds for posting meeting agendas in advance, it was wrongly assumed by some that local school boards no longer had to comply with open meeting laws. -db From the Concord Patch, July 27, 2012. Full story  

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A&A: Availability of agendas

Q: What is the obligation of a body that is required to comply with the Brown Act with regards to informing the public of how to access their agendas and minutes? Direct requests to the body for agendas and minutes has been ignored.  Is there a procedures or process that public citizens should be aware of? A: The Brown Act does not require government bodies to keep minutes. However, under section 54957.5 of the Brown

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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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Crescent City: Town government bodies may be stretching open meeting laws

A reporter for the Daily Triplicate writes that while “two-by-two” meetings held by the City Council and Harbor Commission are legal since they do not constitute a quorum, the practice may not realize the greatest potential for open government. -db The Daily Triplicate Commentary February 01, 2010 By Kurt Madar Non-public events are being used by our public officials. Del Norte County is a patchwork of governing jurisdictions, and one of the the ways they

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A&A: When does a non-profit fall under the Brown Act?

Q: If a city establishes an Association and it is registered as a nonprofit under 501(c)(6) does that Association fall under the Brown Act? If the Association does receive monies from the City under an Assessment is the Association under the Brown Act? If the Association establishes a new organization and is registered as a 501(c)(3)to become eligible for grants does that organization fall under the Brown Act? If the Association gives money to the

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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: Signing In at Public Meetings

Q: Is it legal for a public school board at to require a member of the public to sign in in order to address the board on an agendized item? A: The California Supreme Court has recognized that “‘[a] school board of a school district constitutes a “legislative body” of a “local agency”‘” under Government Code §§ 54951-54952 of the Brown Act.  “‘Thus [a school board] is subject to the requirements of the Brown Act,

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California: Activists say Costa Mesa working groups must comply with open meeting laws

Blogger Geoff West uncovered a violation of the Brown Act, California’s open meeting act, by the Costa Mesa City Council in which the city formed two person sub-committees that they claimed were not subject to the Brown Act. Terry Francke of CalAware said that the working groups are subject to the act, “While the Working Groups are intended to report their recommendations to the full Council in open session, and while Working Group members are

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A&A: Are not for profit charter schools required to comply with the CPRA?

Q: Under the CA Public Records Act, are not-for-profit charter schools required to comply? Are any not-for-profit (public, private, charter, etc.) required to comply? A: I’ll address your questions in reverse order.  With respect to your second question regarding whether schools are subject to the PRA depends on a few things.  Generally in our experience, non-profit charter schools that are funded with taxpayer dollars are, more often than not, subject to the California Public Records

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A&A: Cure and correct Brown Act violations

Cure and correct Brown Act violations Q:  Members of my neighborhood were prevented access to meetings that we think should be open.  The county board of supervisors passed a resolution to create a technical advisory committee (TAC) to manage a new large-scale commercial solid waste transfer station in this area. This committee is made up of staff members at the city and county level and they have already decided on potential site locations, etc, and

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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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San Diego County: Advisory groups in unincorporated areas must comply with California open meeting laws

A California state agency has informed San Diego County that its advisory group members in unincorporated areas were public officials and must comply with state laws governing officials including open meetings laws. The County has established a number of advisory groups to tap local knowledge in setting policies.-db Ramona Sentinel August 9, 2010 By Karen Brainard San Diego County is reconsidering the structure of planning and sponsor groups in unincorporated areas after notification from the

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A&A: Is a quorum required for presentations?

Q: There’s some confusion about whether the county Mental Health Board is violating the Brown Act by receiving information when it doesn’t have a quorum. Can the board have discussions and receive presentations, but not take formal action, when a quorum isn’t present? A: As you probably know, the Brown Act sets out certain requirements that the legislative body of a local agency must abide by in conducting meetings. The most important of these is

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Assembly approves constitutional amendment to protect CPRA, Brown Act

The CA Assembly overwhelmingly (78-) approved placing a Constitutional Amendment (SCA 3) on the June, 2014 ballot asking voters to decide whether to end the practice of suspending the Brown Act and the California Public Records Act (CPRA) whenever the state faces a revenue shortfall, the CNPA Legislative Journal reported today: Senator Mark Leno [who introduced SCA 3 with Senate President pro Tem Darrell Steinberg, said] the legislature’s action “allows California voters to debate the

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A&A: Can A School District Bar The Public From School Closure Meetings?

Q: I am a parent of an elementary school student who is attending a public school being fast-tracked to close in 25 days. An important piece of this decison-making process is a report that is being written by a superintendent’s advisory committee. This committee has closed meetings and the school board allows this. I have asked for the public to be able to view the meetings, to observe, but this has been denied. The superintendent’s

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A&A: Defining “action taken” and sufficiently describing agenda items

Q: We believe based on a published Attorney General’s Opinion that the Brown Act applies to student governments at community colleges. Our student government, which distributes about $1.3 million per year in student fees, seems to consistently violate the Brown Act, particularly with respect to notice of its intended actions. Specifically, while our student government timely posts meeting agendas, the entries are so vague they fail entirely to describe the possible actions that ultimately (at

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A&A: Brown Act Compliance for Faculty Members Digitally Attending Academic Senate Meetings

Q: Our Community College covers a broad service area—including seveal communities and military posts. We post agendas in all locations (locked, glass front display cases) where the agenda can be access at all times, 72 hours or more in advance. We use roll call to identify all attendees, and roll call to identify all votes, though for approval of minutes and other non-controversial business we ask first if there is an objection, if we hear none,

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A&A: Video Tapes, Free Speech, and the Brown Act

Video Tapes, Free Speech, and the Brown Act Q: To comply with the Brown Act, our City Council has separate Oral Communication periods; there are periods for Agenda Items, and Non-Agenda City Business. In our past election cycle during the 2-minute Non-Agenda Item Orals a video tape of a candidate was played. Video tapes are allowed to be used by speakers. The City Council is now considering banning any video ad for a City Council

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