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Asked and Answered

Brown Act First Amendment

City Council allowing presentation not on the agenda

[…] this presentation was not on the agenda. Our mayor allowed him to speak over the allowed three minute time period and allowed City Council members to ask questions of this man, but the public was not allowed to speak. Can he do this? Also, as of late our Mayor is not allowing has been […]

August 24, 2011
Asked and Answered

Brown Act CPRA First Amendment

City gone wild with continual Brown Act and CPRA violations

[…] manager to sue this same outspoken city councilman over his asking questions about contract steering by the city finance director. Multiple PRA public document requests by our newspaper have been denied – some for three years. The city police chief is in on the deals. Crimes in city hall go unreported and no one […]

May 16, 2012
Asked and Answered

First Amendment

Can Golf Group Nix Magazine Give Away in Parking Lot?

I publish a golf lifestyle magazine. We had planned to distribute our magazine free at the parking lots during the US Open. The general parking is at Cal State Monterey Bay and is free. Can the USGA (United States Golf Association) legally prevent us from accessing the lots and passing out the magazines? If […]

June 23, 2010
Asked and Answered

Brown Act

aa-Housing Authority Board of Commissioners and the Brown Act

I have a couple of questions regarding the Board of Commissioners for the Housing Authority of my city and the Brown Act. 1.) The posting of the Agenda for Board meetings lists out the items to be discussed and the order in which to do so. In all such postings the agenda item for […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Community College Senate, Listservs, and Public Record

[…] have the right to privacy in these issues? There is a "listserv" among the faculty that was started a few years ago to be a forum for open communication between professional colleagues relating to academic and pedagogical issues surrounding the faculty. Currently, around 80 faculty out of the 400 employed are subscribed to the […]

June 14, 2009
Asked and Answered

Brown Act

Appointing board members and the Brown Act

[…] be made available to the public on the school website and only those applications received by November 1st of the year prior to elections will be considered. New Board members are elected at the Board's February regular meeting. However, nothing shall prohibit the Board from drafting new Board members at any time during the […]

June 14, 2009
Asked and Answered

CPRA

Does the CPRA cover CA Energy Commission applicants?

[…] regarding photos taken during a study undertaken by an an applicant for a California Energy Commission license. The company submitted a report, but CEC staff had many questions, and wanted photos, notes, data from the study, and to speak with the biologist who conducted it; staff requested a subpoena for the data and to […]

May 4, 2013
Asked and Answered

Brown Act

Council gerrymandering and the Brown Act

[…] the Brown Act? Would the reports that it makes to city council? Would the concession managers report? A councilmember is being recalled and we just got four new council members at their first meeting they voted one of the new council as vice mayor (1 No) (5 Yes). They went to Sacramento for class […]

June 14, 2009
Asked and Answered

Brown Act

Homeowners Associations Prohibition on Videotaping

The Board of Directors of my Homeowners Association has passed a new rule (in an open meeting and after a 30 day notice) to prohibit taping of Board Meetings by members of the HOA. It is not clear whether "The Brown Act" applies in this case. I do not know how to determine if […]

June 14, 2009
Asked and Answered

Court Records First Amendment

Can a Newspaper Be Held Liable For How it Described Court Documents in a Story?

[…] of the defendants contacted us saying that we "defamed" him in our article by writing that he had been "convicted" of the crime. His argument is that he plead guilty and therefore was never "convicted." My question is if we did make any mistake citing these documents, have we possibly opened up ourselves to liability?

October 30, 2020