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Asked & Answered

A&A: We’ve requested items added to agenda and been denied. Can they do that?

FAC August 28, 2010

Q: Several property owners within a Community Services District have been denied items to be placed on the agenda for consideration. Can they continue to do this ? A: The Brown Act itself does not mandate procedures for placing items on an agenda (though it does say that “a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may … take action to direct staff to

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A&A: Is the list of employees taking voluntary buyouts a public document?

FAC August 27, 2010

Q: I am a reporter covering the public district hospital. I want to know if a list of 74 employees who accepted voluntary buyouts is a public document. I requested this list from the hospital’s PR person, and she said she would provide it only on condition that I promise not to publish the names. I probably won’t use more than a few names (for people I might quote), but if the document is public,

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A&A: Is there a law about distributing fliers near a courthouse?

FAC August 27, 2010

Q: Is there any caselaw or information I can refer to regarding display of a sign, placard, or passing out fliers in the parking lot of a municipal courthouse? Would I have to keep a certain distance from the courthouse doors to stay within the law? A: As a starting point, you may want to check the city or county ordinance governing solicitation on public property to see if there are any regulations that restrict

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A&A: The mayor refused to let me make a public comment without identifying myself

FAC August 26, 2010

Q: Before filing a Brown Act violation against the mayor for denying me the opportunity to speak on an item before the city council because I refused to identify myself before making a public comment.  I would like to get an opinion from your organization on my complaint and the city’s response. A: You are already aware that Government Code Section 54953.3 provides that members of the public may not be required to provide any

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A&A: Is there a statute of limitations on CPRA cases?

FAC August 24, 2010

Q: I have read the California Public Records Act and I have been unable to find a statute of limitations. Are you aware of any authorities that indicate how long a plaintiff has to sue under the CPRA? A: The Public Records Act (“PRA” or the “Act”) does not provide for a statute of limitations for filing suit to enforce the provisions of the Act, and it is not entirely clear what statute of limitations

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