Asked & Answered

A&A: Non-Agenda Items, Emergency Items, and the Brown Act

Non-Agenda Items, Emergency Items, and the Brown Act Q: We may have a violation of the Brown Act. A non-agenda item was brought up and “deemed” an emergency and was voted upon. This after the City Attorney opened the meeting and stated that “the item” would not be discussed. The alleged emergency does not fit any of the emergency statements listed in the Brown Act. How does the public now pursue action against the city

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A&A: Public Official Event Attendance and Public Notice

Public Official Event Attendance and Public Notice Q: A City Councilman and City Clerk addressed the local Merchants Association without any public notice and with an “agenda” not made public and that other members of the City Council were not made aware of.  The “agenda” presented was to suggest to the Merchants Association that a redistricting of the business district to allow for retail only. No service industries such as Real Estate, Insurance and Mortgage

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A&A: Does the 72 hour period for Agenda Amendments include weekends and holidays?

Does the 72 hour period for Agenda Amendments include weekends and holidays? Q: For an amended agenda, it seems that the amendments must be made 72 hours before the meeting. Does this 72 hour period include weekends and holidays? A: The Brown Act includes weekends and holidays when computing the 72-hour requirement of section 54954.2.  The language of that section provides that “[a]t least 72 hours before a regular meeting, the legislative body of the

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A&A: Proposals and Public Records, Limiting Public Comment

Proposals and Public Records, Limiting Public Comment Q: I attend Board meetings of a California Municipal Water District which takes the viewpoint that the Brown Act requirements are met by offering individuals from the public up to 3 minutes at the start of a meeting to comment upon any matter on the agenda. Their agendas meet the minimum requirements by stating the subject to be discussed. The problem is that they will not provide materials

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A&A: Model Letters

Model Letters Q: I was wondering if, under “Model Letters” on the website, CFAC can provide a model letter in regards to a general Ralph M. Brown Act request of an agenda/agenda packet to an organization? I believe this would be helpful as it will communicate clearly to the receiver that they are legally mandated to do so. If this is request is being considered please have language that also addresses having it requested electronically

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