FAC

A&A: Does Brown Act apply to nonprofit and government agency overlap?

Q:  A nonprofit 501c3 foundation was set up to raise money for a public agency, incorporates the name of the agency into its name, uses the agency’s facilities and relies on the agency to act in the capacity of employer of its staff. Is it arguably a public agency, and as such subject to CPRA? A: The Public Records Act, borrowing the definition from the Brown Act, applies only to nonprofit organizations that either: Were

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A&A: Public records request run around from housing authority

Q: We requested a copy of a payment performance bond from the city’s Housing Authority for a general contractor that we did work for as a sub. We also requested a copy of the contract and were told we would have to pay for it and it could take 2-3 weeks. We are trying to obtain this information because the general contractor has not paid us and we need this information to try and get

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A&A: Councilmembers texting during meeting a Brown Act violation?

Q: We have noticed a new trend during City Council meetings. We are seeing council and staff texting/emailing to each other while on the dais. This is occurring during the public comment item of the meeting and includes the city attorney. We would like to CPRA these texts but believe they will either claim they are not retained or are privileged. I don’t believe the council should be having a private conversation with the city

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A&A: Is public college “executive board” subject to Brown Act?

Q: The Academic Senate of our public college has an established body called the Academic Executive Board, which is made up of seven or so members (including the president, vice president, etc.) of the Academic Senate. The Executive Board meets regularly and the Academic Senate bylaws state the meeting must be open to the public. The overall consensus of the Executive Board is that the meeting should be open to the public. (This issue was

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Antiwar website says it was spied on by FBI

A lawsuit in San Francisco federal court seeks documents showing that the FBI has conducted secret surveillance on an antiwar website operated by two Bay Area men. The suit asserts that the FBI began targeting antiwar.com a decade ago and has documents indicating it considered the site a threat to national security. While the suit says the FBI denied having any such documents, antiwar.com produced a 2004 memo suggesting otherwise, according to an account in

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