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Asked and Answered

Brown Act

Council took action on a for-discussion-only agenda item

[…] it then took action on at a public meeting. The Brown Act does not specify a particular way that a violation of the Brown Act may be cured and corrected, but presumably the legislative body could satisfy the Brown Act by reopening the process to permit public awareness of all the facts and views, […]

December 6, 2010
Asked and Answered

Brown Act

Can settlements be negotiated in closed session if no pending litigation exists?

[…] determine whether there was a legitimate basis for holding the closed sessions. If there was a violation, your remedies are: (1) to demand that the water district cure and correct the violation, and if they do not then sue to have the action taken by the water district through the closed session process set […]

June 14, 2009
Posts

FAC Joins Coalition Urging SF Mayor to Restore Rights Under Sunshine Ordinance

[…] Breed to restore all aspects of the city's open-government ordinance, parts of which she suspended after the city declared an emergency due to the coronavirus pandemic. The letter to Mayor Breed sent Friday, April 17 by the Northern California Chapter of the Society of Professional Journalists and a group of local and national organizations […]
- Government Transparency and Accountability
- Public Records
April 20, 2020
Asked and Answered

Brown Act

Can A School District Bar The Public From School Closure Meetings?

[…] void a specific past action, Government Code § 54960.1 provides the mechanism for bringing such a challenge, which includes a demand to the Board that it " cure and correct" the violation before filing a lawsuit. If action was taken based on improper procedure, the way to remedy the violation would typically be to […]

April 21, 2022
Handbooks

California Public Records Act Primer

[…] California Public Records Act. The California Law Revision Commission has this table showing how previous sections of the Public Records Act were renumbered. This is for informational purposes only. It is not intended to constitute legal advice and does not form an attorney-client relationship. Questions or corrections: contact the First Amendment Coalition at FAC@firstamendmentcoalition.org. Last updated July 2023.
- Government Transparency and Accountability
- Public Records
July 8, 2024
Posts

First Amendment

FAC Calls on California City to End Unconstitutional Public Comment Policy

The First Amendment Coalition today sent a letter today to the Cypress City Council explaining why the city’s ordinance restricting comment at council meetings violates freedom of speech. FAC is calling on the council to stop enforcing that part of the ordinance and amend it to comply with the U.S. Constitution. The ordinance states, […]
August 8, 2022
Asked and Answered

CPRA

Access to government officials’ email on personal account

Suppose a public official advises certain persons to communicate with him at home -- either by email or letter -- in order to avoid having to disclose any of those communications as public records under the California Public Records Act? Would those records, in fact, be exempt from the PRA?

June 8, 2009
Posts

Brown signs SB 1300, but calls on Legislature to fix public access issues

[…] public disclosure process to ensure that this law does not authorize petroleum refineries to collect attorney’s fees from individuals or organizations seeking those records." Hancock, in a letter to Jerry Brown, acknowledged the need for "additional language" to "avoid any misinterpretation" and said it is her "intent to introduce legislation next session" to do […]
- Government Transparency and Accountability
- Public Records
October 17, 2014
Posts

Shasta News Outlets, FAC, and ACLU Demand Shasta County Repeal Unlawful Public Records Act Fee Ordinance

[…] imposes unlawful fees for public records that can run into the thousands of dollars and threaten the public’s fundamental right to open and accountable government. In a letter sent today, lawyers for FAC and the ACLU told members of the Shasta County Board of Supervisors that their organizations, joined by the Record Searchlight and […]
- Government Transparency and Accountability
- Public Records
September 20, 2023
Posts

First Amendment Press Rights

Rights Groups Urge Sacramento School Superintendent to Reinstate High School Paper Advisor

[…] RELEASE Contact: fac@firstamendmentcoalition.org San Rafael, Calif. – The First Amendment Coalition, ACLU of Northern California, Student Press Law Center, and California Scholastic Journalism Initiative have sent a letter to Lisa Allen, Superintendent of the Sacramento City Unified School District, protesting the district’s treatment of Samantha Archuleta, faculty advisor for the student newspaper at C.K. […]
- Press Freedom
May 29, 2024