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A&A: Bundling agenda action items silences public input

FAC September 17, 2010

Q: I would like to question the legality of a new practice our school board school board to “bundle”  regular action items on the agenda. At the only regular board meeting of August 2010, after approving the consent calendar, the board approved the regular agenda items as presented. Their own by-laws state an agenda item will be presented; the administration will give their presentation and recommendations for action; the board will ask/seek further information; the

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A&A: Is a quorum required for presentations?

FAC September 16, 2010

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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A&A: Can an agency’s CPRA defense go beyond the exemptions in the initial denial?

FAC September 15, 2010

Q: I was recently denied government records based on a single specific exemption to the California Public Records Act. I truly believe these records should be public so I filed a lawsuit myself to compel disclosure. After serving the lawsuit, the head of the agency informed me during a meeting that they may defend the lawsuit based on additional exemptions to the Act. My question is: once a final determination is made to withhold certain

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A&A: Mayor up for reelection wants to stifle public comment on candidates

FAC August 30, 2010

Q: The mayor who is running for reelection is currently advancing a policy revision to stifle the public comments during City Council meetings of anyone who is speaking to a ballot initiative or on a candidate. Recently the mayor discussed the changes she’s proposing in an interview with a local newspaper and mentioned email communication with the city attorney aimed at creating a city policy that disallows speakers on non agenda items from topics of

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A&A: School Board Trustees meeting with union reps in violation of Brown Act

FAC August 29, 2010

Q: It’s come to my attention that three of the five members on the School Board meet privately with representatives of the teacher’s union to discuss items on the agenda for the upcoming board meeting. There are no public notices for these meetings. My feeling is that the board members will find a way around the Brown Act if I bring this subject up at the next board meeting, thereby negating any positive effect for

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