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Asked and Answered

Brown Act

Davis-Stirling Act

[…] granted a number of functionalities and services normally provided by a City to the Property Owners Association. The Property Owners Association claims to be exempt from the Brown Act so does not have to publish notifications ( agendas ) before executive sessions. They claim they function under Davis Sterling where notifications for executive sessions […]

June 14, 2009
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AG Holder, in speech, describes al-Awlaki “lethal targeting” memo that is the subject of recent FAC suit

[…] Manhattan) and the ACLU (in federal court in Washington, DC). FAC's suit is pending in federal district court in San Franciosco. In all three cases the federal government takes the position that it needn't respond to the FOIA claims on the merits because the very existence (or nonexistence) of the al-Awlaki memo is classified. […]
- Government Transparency and Accountability
March 16, 2012
Asked and Answered

Brown Act

JPA’s (Joint Powers Act entities) and the Brown Act

School Districts within the County formed a co-operative entity (JPA) under the Joint Powers Act to pool resources regarding special education including litigation, legislation, training and "establishing criteria for determining the key issues involved in special education including the principal areas in need of systemic change." A majority of the superintendents constitutes a quorum. […]

June 14, 2009
Asked and Answered

Brown Act

Rights of Public Comment

[…] developer and staff. The ability of the public to present their opinions at a microphone is not allowed. There is no way the City Council will ever know what the public has said. The right of the public to petition their government is being suppressed. Only pro-developer, high density hype is allowed past the censorship.

June 14, 2009
Asked and Answered

Brown Act CPRA

What Constitutes a Local Agency

Are records from Hollywood Park OR Santa Anita Racetrack (aka Magna Entertainment Corp. and Los Angeles Turf Club) subject to public access? If so, how do I access them? They are under the jurisdictions of the California Horse Racing Board. Therefore, I believe the Brown Act may apply...?

June 14, 2009
Asked and Answered

Brown Act

Does the Brown Act Allow Consultant’s Report Reviewed in Closed Sessions?

[…] project the consultant had done. This has been a sensitive issue so I can understand why they'd want to hear the report privately, but I also can't see any Brown Act exemption that would actually justify them doing it in a closed session. My editor suggested I contact you before following up with the county.

January 6, 2020
Asked and Answered

Brown Act

Quorums, Listservs, and the Brown Act

I am a member of the faculty at a California Community College and a member of the Academic Senate. The Academic Senate is governed by the Brown Act. The faculty have a listserv--electronic discussion forum. If a quorum or more members of the Senate are subscribed to the listserv (closed to all but faculty […]

June 14, 2009
Asked and Answered

Brown Act

Special audience privilege and the Brown Act

[…] board appointed committee’s discussion at anytime? If so, could you refer me to the specific section(s) regarding this? Does it mean that a board appointed committee chair must allow a board member (even she/he is not the committee member) to speak anytime during the committee meetings, but stop other audiences? 1. A board appointed […]

June 14, 2009
Asked and Answered

Brown Act

Brown Act Compliance for Faculty Members Digitally Attending Academic Senate Meetings

The Brown Act allows legislative bodies to "use video teleconferencing for the benefit of the public of the legislative body." Government Code section 54953(b). The term "teleconference" means a "meeting of individuals in different locations, connected by electronic means, through either audio, video, or both." Government Code section 54953(b)(4). A legislative body is permitted […]

May 15, 2018
Asked and Answered

Brown Act First Amendment

Does the Brown Act Offer Recourse for Activists Barred from City Council Meeting?

I am part of a coalition of anti-illegal immigration activists. We have been protesting and attending City Council meetings because they appointed two illegal aliens to city commissions. When we attend city council meetings they can get raucous. At a June meeting, our group and those activists supporting illegal immigration were sequestered in the […]

February 12, 2018