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Asked & Answered

A&A: Is it a casual dinner or Brown Act violation?

FAC November 16, 2009

Q: If 3 out of 5 school board members meet at a restaurant with a teacher or administrator for a few minutes until they noticed that I was also at the restaurant with my wife, have they violated Brown’s Act? A: Depending on exactly what transpired, the episode you describe could be a violation the Brown Act. The Brown Act “serves to facilitate public participation in all phases of local government decision-making and to curb

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A&A: Online arrest records no longer show violations

FAC November 16, 2009

Q: I have received conflicting information from public records experts and police public information officers on what law enforcement agencies have to release relating to arrest history. So, let me ask you directly, if I submit a request to a police department in California that asks if John Doe, DOB 1/1/60, has ever been arrested or involved as a party in a criminal incident, what does the law say about how the agency is supposed

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Does newspaper candidate forum constitute a quorum?

FAC October 6, 2009

Q: We invited city council candidates to our newspaper offices for an editorial endorsement forum. There are three incumbents and one challenger for three seats. We will have me, the editor, and a reporter there to ask the candidates questions about why we should endorse their candidacy. Because there are three candidates currently on the same five-member council, does that constitute a meeting that should be publicly noticed? We are planning on writing a story

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A&A: The public should know if school employee embezzled $2m

FAC October 6, 2009

Q: I have some information and documentation that a school district employee in Administrative Services was dismissed from her job for embezzling at least $2 million in district funds.  The employee was allowed to retire with benefits. Without Federal stimulus funds the district would be facing an $11 million deficit this year. I believe this warrants further investigation and possible submission to our local district attorney for prosecution. I would like to gather more detailed

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