Search Results for: 54952(b) standing ad hoc – Page 2

California open government roundup: Congressman attacks local newspaper

California Republican Congressman Devin Nunes charged in a campaign ad on radio and TV that the Fresno Bee was working with radicals to publish fake news stories. Nunes is known for his role in trying to discredit Special Counsel Robert Mueller’s investigation of Russian influence in the 2016 presidential election. Nunes was upset about the Bee’s stories on Nunes’ investment in a winery. (Politico, July 18, 2018, by David Siders and Stephanie Murray) Despite the

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Top Ten Brown Act FAQ from 2014 Legal Hotline Archive

Test your Brown Act expertise against the Legal Hotline attorneys’ answers You have a right to know and we have the Legal Hotline database of hundreds of Brown Act, CPRA, FOIA and free speech questions that were asked by you and answered by our first amendment attorneys. These questions are the most popular  answers to the most frequently asked questions on our website. Test your Brown Act expertise with these Top Ten ?’s or ask your own ? at

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A&A: Reporters wrongly ejected from community college council meeting?

Q: I am working on a story about how two of our reporters were ejected from a college council meeting. The chair of the committee believes that their body is not subject to the Brown Act. This committee makes planning, budget and policy recommendations to the college president. A: The official student body associations of community colleges are subject to the Brown Act (see 75 Ops. Cal. Atty. Gen. 143 (1992), an opinion of the

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A&A: Did email exchange between committee members violate Brown Act?

Q: Last month our recently elected academic senate president announced to us, the Senate Executive Committee, privately, on campus, that he would be moving to New York and would not be teaching anymore at our college. He said we would have a meeting about his leaving as soon as he learned about what sick time he had left, etc. He didn’t know when it was he would be resigning. Over the course of the following

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A&A: Senior Center Boards and the Brown Act

Senior Center Boards and the Brown Act Q: There is a large senior center complex Are their Board of Directors’ meetings subject to the Brown Act? A: With respect to whether the  Board of Directors is subject to the Brown Act, your inquiry does not provide enough information.  The answer depends on whether it is a “legislative body” for the purposes of the Brown Act.  The Brown Act defines that term in Government Code section

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Eastern California: Charged with violating open government law, supervisors dump closed door subcommittee

To avoid charges of violating the Brown Act, the Inyo County Board of Supervisors voted to shut down the Klondike Lake Subcommitee whose meeting have been closed to the public. -DB Sierra Wave November 24, 2009 By Benett Kessler The Inyo Supervisors got the Klondike Lake issue off their backs Tuesday, stating they didn’t want to face misdemeanor charges for violating the Brown Act of open meeting laws. Richard McKee of CalAware had sent the supervisors

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California open government roundup: Assemblyman introduces bill to strengthen public records act

A California assemblyman has introduced a bill to require public agencies to require written responses when denying requests under the California Public Records Act. The response must include a the identification of each record withheld under an exemption and a specification of the exemption that applies. (The San Diego Union-Tribune, February 1, 2016, by Steven Greenhut) The California Attorney Kamala Harris issued an opinion last week that if third-party Internet problems deny public access to

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A&A: Parents not invited to meeting that resulted in removing their autistic student from public school

Q: A group of parents circulated a petition to remove my autistic son from a public school. They submitted this petition to a Board of Education member. There were a series of email exchanges between the parents and Board member. At the parents’ email requests, the Board Member arranged a meeting with himself, the Superintendent, and a large group of parents in a forum at the school district’s office to discuss my son, and behaviors

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A&A: Limiting Public Comment at Meetings

Limiting Public Comment at Meetings Q: I want to understand why my City Council can limit comment during a single meeting by a member of the public to five minutes total for a particular class of items (consent agenda items), no matter how many items are categorized as such, and no matter how many items an individual wishes to speak to. I have never heard of anything similar being used by any other public body

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A&A: Closed door meetings benefitted labor union at cost of public tidelands

Q: After holding closed door negotiations with a public coalition that included the local union, the Port of San Diego announced  a hotel development deal that included a Project Labor Agreement with the union.  The development will be build on public tidelands, which sacrifices the Port Master Plan-designated parkland.  Were the extensive secret labor negotiations legal? A: There are two basic steps in determining whether a meeting is subject to the Brown Act. First, a

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California: Open meeting law sees action

California government agencies are struggling with the demands of the Brown Act, the state’s open meeting law. In the south, Los Angeles County prosecutors are looking into allegations the one member of the Temple City Unified District school board used a closed session to criticize and attack fellow board members. Actions of board members are not a topic for closed sessions under the act. (Pasadena Star-News, February 20, 2013, by Brenda Gazzar) On the coast,

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Santa Clarita group using public records law to obtain answers on library takeover

A Santa Clarita group opposed to the takeover of three libraries now under the Los Angeles County system has asked a court to order the release of all documents related to the takeover. -db Santa Clarita Valley Signal October 14, 2010 By Natalie Everett A newly formed nonprofit aiming to keep Santa Clarita’s three libraries managed by the Los Angeles County library system is now asking for the court to order the release of any

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A&A: Is public college “executive board” subject to Brown Act?

Q: The Academic Senate of our public college has an established body called the Academic Executive Board, which is made up of seven or so members (including the president, vice president, etc.) of the Academic Senate. The Executive Board meets regularly and the Academic Senate bylaws state the meeting must be open to the public. The overall consensus of the Executive Board is that the meeting should be open to the public. (This issue was

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A&A: Advisory committees and the Brown Act

Advisory committees and the Brown Act Q: The local school board recently changed the high school graduation requirement, with no prior parent notification or input. An advisory committee comprised of 30 teachers and district administrators reviewed graduation requirements and compiled a report and recommendation to the Board.  Since no community members or parents were included on the committee, or notified of its existence, was this a violation of the Brown Act? A: The question you

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A&A: Does the Brown Act apply to volunteer fire company

Q: I am a member of a volunteer fire company and our tax status is a 501c4. Our tax return is part of the Public Records Act but is the rest of our records part of the same Act. We believe that we are not part of the Brown Act because we have none of our members on the Fire Dept. Board and visa versa. We are a separate entity formed by our group back

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Brown Act Primer: Access to Meetings

RESOURCES Access to Meetings Accessing Public Meetings: The Ralph M. Brown Act FAC Brown Act Primer Download FAC’s Brown Act Primer Table of Contents   California Brown Act Primer I. Introduction Note: This primer was created in 2006 The Ralph M. Brown Act (Government Code sections 54950-54963, referred to as the “Brown Act”) is intended to provide public access to meetings of California local government agencies. Its purpose is described in the Act: “The people

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A&A: Application of the Brown Act to Volunteer Fire Companies

Application of the Brown Act to Volunteer Fire Companies Q: I am a member of a volunteer fire company and our tax status is a 501c4. Our tax return is part of the Public Records Act, but are the rest of our records part of the same Act? We believe that we are not part of the Brown Act because none of our members are on the Fire Dept. Board or visa versa. We are

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Non-Profits Covered under Brown Act

Non-Profits Covered under Brown Act Q: This is to clarify whether or not our volunteer association, which takes care of a City Dog Park, is under the Brown Act. We were not created by any of the required methods spoken of in the Act (e.g. ordinance, formal action, charter, or resolution).  We saw a need, came together and the City liked the idea of not having to deal with the park. However, we have been

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Public Funds and the CPRA

Public Funds and the CPRA Q: Are organizations that put on state fairs with public money subject to the CPRA, especially considering their authorization in law? A: There is authority for the proposition that agencies that are subject to the Brown Act are subject to the PRA, as well.  The definition of “local agency” under Government Code Section 6252 includes “nonprofit entities that are legislative bodies of a local agency pursuant to subdivisions (c) and

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A&A: The CPRA and privately owned utilities companies

Q: Does the CA Public Records Act apply to a public, stockholder-owned company regulated by the California Public Utilities Commission? A: Whether or not records retained by the water company are covered by the Public Records Act depends on whether the company fits within the Act’s definition of “state or local agency.” A “state agency” is defined as “every state office, officer, department, division, bureau, board, and commission or other state body or agency, except

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