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A&A: Is all information about public employment tests exempt?

FAC July 29, 2011

Q: I would like to examine copies of two recent examinations that I have taken for jobs at BART (Bay Area Rapid Transit). I request my score, value for each question, who wrote the exam, who was the subject matter expert, and who graded the exam. I think the California Public Record Act states that this information is exempt.  Is there some way to get selective information? A: Under California’s Public Records Act, “any writing

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A&A: What are the rules rescheduling a regular board meeting?

FAC July 29, 2011

Q: Can a board president or staff member change a regular board meeting without board approval? A: The Brown Act provides that “[e]ach legislative body of a local agency, except for advisory committees or standing committees, shall provide, by ordinance, resolution, bylaws, or by whatever other rule is required for the conduct of business by that body, the time and place for holding regular meetings.” Gov’t Code § 54954. Changing the time or place for

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ACLU calls for limits to government secrecy practices

donal brown July 28, 2011

In a report released on July 28, the American Civil Liberties Union says that since 9/11, the government has created secret agencies, committees, court and laws to keep their activities from public scrutiny. Michael German, ACLU national security policy counsel and former FBI agent warns of the damage too much secrecy can do, “By undermining our constitutional system of checks and balances, secrecy harms our democracy and makes our government less effective. Not only that,

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Open government: Senators propose bill on secret expansion of Patriot Act powers

donal brown July 28, 2011

A bill proposed by Senators Roy Wyden and Mark Udall would require the U.S. intelligence chief to admit to interpreting the Patriot Act to give the government massive domestic surveillance powers not granted by Congress. In a letter last week to Wyden and Udall, Director of National Intelligence James Clapper admitted to the secret legal interpretations and pledged to make the interpretations public. In their proposal, Wyden and Udall wrote, “It is critical that officials

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California: Menifee city council drops ‘secret ballot’ in selecting new council member

donal brown July 28, 2011

After opinions that a secret ballot could not be used in appointing a new member to the Menifee City Council, the council revised the plan. Under the new plan, council members will give each candidate a ranking which will be displayed to the public. The rankings will be tabulated to select the new member. The Brown Act states, “No legislative body shall take action by secret ballot, whether preliminary or final.” One legal expert said

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