Asked & Answered

A&A: How does the Brown Act Apply to ‘Ad Hoc’ Versus ‘Standing’ Committees?

Q: Please explain how the Brown Act applies to “ad hoc” versus “standing” committees of municipal government-appointed commissions. As a threshold matter, California’s Ralph M. Brown Act applies to any committee of a legislative body that is empowered to make decisions, rather than simply advise.  It is only advisory committees that may be exempt from the Brown Act. See Gov. Code section 54952(a)-(b). As to advisory committees, the Brown Act applies to “standing committees,” but not to “ad hoc

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A&A: How Do I Address Agency’s Failure to Honor Brown Act Meeting Notification Deadlines?

Q: The airport commission in our municipality has only given 25 hours notice of the time and location change for their next meeting. This commission is notorious for posting meeting agendas at the last minute and scheduling meetings that are not convenient for residents to attend. Is the airport commission in violation of the Brown Act since they provided only 25-hour notice to change meeting location and time? A: In general, California’s open meeting law, known

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A&A: Is It Legal To Share Public Documents Received From One School District With Another School District?

Q: Is it legal to forward documents obtained in a CPRA request regarding a teacher’s misconduct when previously employed by one school district to the superintendent and board members of the school district where the teacher is currently employed? Also, if a school district won’t reply to my CPRA request sent via email do you recommend sending again by certified mail to the superintendent and a school board member before hiring an attorney to help? A: With

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A&A: How Do I Access Decades-Old 911 Audios?

Q: How can I obtain 911 audios/reports from 1993 and 2006? A: The California Public Records Act (CPRA) requires public agencies to disclose public records unless some exemption applies.  Public records include “any writing containing information relating to the conduct of the public’s business prepared, owned, used or retained by any state or local agency.” Gov’t Code § 6252(e).  Note that the word “writing” as used in the CPRA does not only mean words on

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A&A: Does a Member of a Public Body Have a First Amendment Claim if He or She is Punished for Speaking Out?

Q: I serve as a director on a public body–a Board of Directors. A majority of that Board recently voted to punish me because I have publicly expressed, as an individual citizen, views contrary to the majority. They said that once the Board has decided something, I should be silent if I disagreed. Was this unlawful, and do I have any recourse? A: It is not clear from your inquiry whether you as a Director

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