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Asked & Answered

A&A: Does the Brown Act apply when board members attend a Town Hall meeting?

FAC December 29, 2011

Q: At a recent Town Hall meeting, water rates were discussed. A majority of directors of the water district were in attendance to answer any questions. They did not notice this meeting. Items were discussed that they will vote on. Is this a Brown Act violation? A: Under the Brown Act, a “meeting” includes any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss

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A&A: Denied access to file detailing code violations

FAC December 26, 2011

Q: The city department of Code Enforcement wants to fine me $2500 per day up to $100,000 for code violations at my resident. When I made a public record request to see the evidence that the City’s has gathered on my property, it was denied stating that the case is still open and considered an active investigation. This matter has gone over a year now. No proof or evidence will be provided, but they are

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A&A: Denied records of homicide investigation

FAC December 23, 2011

Q: Two family members were involved in a murder/suicide. On the night of the incident the homicide detective told me I would be able to get copies of the investigation once done. The investigation is done, but I am being told that I have no right to files and that the homicide dept. does not have to disclose their investigation files. I spoke to the district attorney’s office and the local sheriff station. Both said

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A&A: How do we enforce the Brown Act?

FAC December 22, 2011

Q: After nearly two years of trying, we finally got a photograph of three of our County Board of Supervisors (we have a five member Board) having lunch together as they regularly do. We can’t take it to the DA as he has been compromised as has our County Counsel. What can we do? A: The Brown Act, at Govt. Code section 54952.2, defines a “meeting” as “any congregation of a majority of the members

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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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