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Yee Introduces Constitutional Amendment to Bolster Brown Act

FAC January 11, 2011

SCA 7 would ensure public-meetings law provisions are not suspended during budget difficulties. -sdl SACRAMENTO – A state senator has introduced a California constitutional amendment that would strengthen the Brown Act by requiring that government agencies provide notice of public meetings, even in lean budget times. Sen. Leland Yee, D-San Francisco, introduced Senate Constitutional Amendment 7 following what he said were too many instances of local, county and state government officials suspending the law during

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A&A:California Board of Equalization public access rules

FAC January 7, 2011

Q: Does the  California Board of Equalization have any special exemptions or dispensations from the California public records act or public access to documents it archives? A: In reviewing the Public Records Act, I do not see any specific exemption that applies to records maintained by the Board of Equalization. Depending on the type of record that you seek, there may be some exemption that applies. For example, the attorney general has opined that “The

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A&A: Double standard on publishing names of document requesters

FAC January 4, 2011

Q. We have a unique situation here.  A Community Services District has established a policy of publishing the requesters name and what records they are asking for in both the minutes and agenda. This is done to bring public attention on who is requesting records. These individuals are now being harassed for making these requests. Additionally, several other members of the public get copies of documents directly from a director, which is not published…so there

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A&A: University claims to have a year to respond to document requests

FAC January 4, 2011

Q. The Public Affairs director at the local State University claims that he can take four months to a year to respond with public records. This needs to be resolved as he is routinely months late with responses. A. The Public Records Act gives local agencies 10 days to respond to a request for a copy of a public record; the time for responding can be extended by the agency for an additional 14 days

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A&A: Brown Act or Bylaws Violation?

FAC January 3, 2011

Q: If a standing committee’s bylaws stipulate that two meetings will occur in a certain period of time, and there is no quorum present for one of the two meetings, is the committee obligated to schedule another meeting to remain Brown Act compliant? A: This might be an overly technical response, but I’m not sure violating a committee’s own bylaws by failing to hold the specified number of meetings would be a Brown Act violation.

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