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Asked & Answered

A&A: Council took action on a for-discussion-only agenda item

FAC December 6, 2010

Q: A recent city council meeting agend  discussion item stated that “No action was called for.” The “summary recommendation” was  that the city council “receive and file this report. ”  However, without any public notice, the City Council took action.  I know the Brown Act requires items on which Council acts to be on the agenda in advance, unless there is an emergency or need for immediate action wasn’t realized earlier. What should I do

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A&A: When is it okay to videotape a meeting?

FAC December 5, 2010

Q: I’m a local news stringer. I attended a community meeting. Did I have a legal right to videotape this meeting? Were my rights violated? Or was I in the wrong? A: It is unclear from your email whether the community meeting was a meeting of a legislative body, which would be covered by California’s open meeting law, known as the Brown Act. The Brown Act applies to “legislative bodies,” which include commissions, committees, boards

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A&A: Public right to to speak denied at school board meetings

FAC November 2, 2010

Q: I need help defending the  public’s right to speak at open meetings. At school board meetings, board members will not let members of the public comment for the established time of three minutes. School district staff speaks for three minutes and then the public gets three minutes. Often times the chair does not allow the public the chance to speak at all. The chair always interrupts the public speaker. I have audio and visual

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A&A: School personnel campaigning on public dime

FAC October 27, 2010

Q: Can I request emails from the school district without using an attorney? I want to request emails between the superintendent and other employees, assistant superintendent and union reps, and board members and school employees? Reason: I have seen hard evidence that they are campaigning on school time, using equipment to run campaigning materials and requesting contributions for incumbents during school time. Please let me know. A: Members of the public can request public records

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A&A: Is crime victim entitled to see investigation records?

FAC October 26, 2010

Q: My daughter was raped by her ex and he recorded it. She obtained the video and filed charges. Her ex is the son of a DA employee. They did not file charges and “lost the video.” They did not notify anyone and the case is closed. Since then they have refused to enforce a Domestic Violence Restraining Order and it has been violated several times. When we requested files/explanations we were told they were

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