FAC

A&A: Could this act of intimidation be a Brown Act violation?

Q: I attended the board meeting of the Waterworks District. During the meeting an agenda item came up for two job descriptions relating to the person who currently holds those positions. There were comments made by an ex-board member and another member of the public concerning this problem. One board member in particular had a very abrasive response to these comments. To break the dialogue, she asked for a 10-minute recess. At this point she pulled her phone out and called

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A&A: Covered CA contracts exempt from PRA

Q: I thought it odd that contract negotiations with the CA health care exchange are exempt from PRA. Seems like some shady stuff is going on there. Here’s their legal response: We cannot release the proposal or the scorecards, as they are exempt from disclosure under California Government Code 100508. We can release the final contract, if you would like. Please let us know what we can do. A: Under the California Public Records Act, public

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A&A: FOIA request California State Parks internal investigation

Q: Last summer the nonprofit on whose behalf I am writing alleged that California State Parks had misappropriated $45,000 of restricted grant money. In October, State Parks conducted an internal investigation that exonerated the agency. State Parks has refused to release the investigator’s report, citing personnel issues. Can you advise us on how to file a FOIA request to get the report? A: I am sorry that your nonprofit is having trouble getting hold of

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A&A: Charter schools and the Brown Act

Q: I’m writing a piece about charter school transparency requirements and want to make sure I understand the requirements for them to be subject to the Brown Act. Looking at A&A about charters it looks like a publicly-funded charter school is not subject to the Brown Act if there is no one on the governing board of the LLC or non-profit appointed by the funding agency (such as the Los Angeles Unified School District.) A: The Brown Act,

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A&A: Do we have the right to exercise 1st Amendment rights on shopping mall properties?

Q: I need to know if freedom of expression is a first amendment right on shopping mall properties They all tell me they are private property.  How can they be private property with the public running all over it? I thought the law federal and state says first amendment can’t be restricted in any way restriction deprives us of our right to free speech. A: Unfortunately, there is no simple answer to your question.  Generally, the First Amendment applies only to government actors,

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