Search Results for: 54953(c) vote – Page 2

FCC proposes $5 million fine for robocall lies about mail voting

The Federal Communications Commission wants to fine two conservatives for their 1,141 robocalls that claimed that if voters mailed in their ballots, their personal information wold be used to track down warrants and to collect outstanding debts. The activists also face criminal charges. (NBC News, August 24, 2021, by Jane C. Timm) The calls were placed before the 2020 presidential election and aimed at Back voters. The two activists, Jon Burkman and Jacob Wohl, have

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Emails and the Public Record and Brown Act

Emails and the Public Record and Brown Act Q: A member of a public board has been carrying on an email conversation with me about matters before the board, copying all the other members of the board on his messages to me.  Is this email thread (1) a public record, and (2) a violation of the Brown Act? A: Public Records Act A public record is defined by Section 6252(e) of the California Government Code

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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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A&A: Criteria for Serial Meeting

Criteria for Serial Meeting Q: Our former Mayor was involved in trying to develop a clandestine consensus to support his successor. Two councilmembers have said that the Mayor spoke about his support of his replacement, including the replacement himself, outside of a public meeting. We suspect a third, who often sides with the Mayor, was also consulted about who the Mayor was supporting, but we do not have definitive proof. What kind of criteria would

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A&A: Closed City Council Meetings Outside Regular Meeting

Closed City Council Meetings Outside Regular Meeting Q: There is a standing meeting with the city staff the week before the City Council meeting. The meeting is intended to let the Chamber preview and comment on the council agenda. The meeting is closed to the public and is often attended by a Council member or two.  This stinks and is but one more example of the good old boy network that exist in this City. 

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A&A: Does the Brown Act address how long a board member can be absent from meetings?

Q: One of our District Board members has been out of the district for several months.  She has been participating in Board meetings by telephone from Alabama where she is seeking medical attention, but she is not in the district to serve in any way other than these monthly meetings by telephone. How long can this go on and still qualify to be on the Board? A: The Brown Act, at Government Code section 54953(b),

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Newsgathering at CA polling places on election day

Every election day brings confusion about what reporters (and bloggers or other journalists) can and cannot do in the close proximity of polling places. Here’s are the provisions of California law governing newsgathering activities at polling places while the polls are open: 18541. (a) No person shall, with the intent of dissuading another person from voting, within 100 feet of a polling place, do any of the following: (1) Solicit a vote or speak to

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A&A: Private institutions, public funds and the CPRA

Q: If a private institution such as university or college receives public and private funding for research, can a member of the public get access to records that pertain only to publicly funded research? A: Generally speaking, private universities are not subject to the PRA.  The PRA applies to the public records of state or local agencies.  Under certain circumstances outlined in section 54952(c) of the Brown Act (incorporated into the PRA by section 6252

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A&A: Open Meeting Rules for Chamber of Commerce/ Non-Profits

Open Meeting Rules for Chamber of Commerce/ Non-Profits Q: Our chamber of commerce receives funding from the city offset costs associated with operating a visitors center in conjunction with the chamber office. Is the chamber subject to the same rules for request for information that the city is required to adhere to? Are there any commonly accepted procedures for holding elections for the chamber board? A: Typically, chambers of commerce fall in the category of

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A&A: Religious institutions and the Brown Act

Religious institutions and the Brown Act Q: I would like to find out if the Brown Act applies to Churches/Temples that are non profit or charitable institutions? Can the President of a board of directors have meetings with a few members of the board without taking minutes and without the full executive committee brought in to the “dinner” or meeting prior to a scheduled but closed meeting of the board? A: The Brown Act applies

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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: County Supervisors’ Invitation-Only Meeting

County Supervisors’ Invitation-Only Meeting Q: I am a reporter for a small, local newspaper, and have little understanding of the intricacies of the Brown Act. Last Thursday, one of the county supervisors held an invitation-only meeting about a local hot-button topic; the meeting was attended by a sheriff’s deputy, a few “chosen” members of the Chamber of Commerce, and one local media representative (I was invited, but unable to attend). The owner of the newspaper

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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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A&A: Did City Violate Brown Act With This Switch of issue Decided During Closed Session?

Q: I’m wondering whether my city violated the Brown Act (or other law) when the City Council decided in closed session to issue a statement criticizing the city’s mayor and defending an earlier vote. The background is that the mayor had attempted to veto an amended contract for the city manager, which the city attorney says is not allowed under the city’s charter. The mayor has said he is considering going to court to establish that

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A&A: County Bar Association and the CPRA and Brown Act

Q: I am reading the Attorney General opinion concerning the private cable company that must comply with open meeting and records requests — would this apply to a local County Bar Association which has been delegated certain county functions.  It would seem to me that it would; but they are taking a very aggressive stance with me as I try to ask these questions. A: It sounds like you are talking about the 2002 AG

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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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A&A: Applicability of Brown Act to public charter schools

Applicability of Brown Act to public charter schools Q: Is the Board of a Public Charter School bound by the Brown Act? A: The answer to your question depends on whether the public charter school was “created by” an elected legislative body—or receives funds from a government agency and whose governing body includes a member of the legislative body—for the purposes of the Ralph M. Brown Open Meetings Act and is therefore subject to the

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Internal Revenue Service delays rules on nonprofit political spending until November

The IRS is ducking out of the political uproar over its proposed rules limiting social welfare nonprofit spending on political campaigns. It delayed a hearing on its rules released last November defining political activity for the nonprofits in order to include feedback on the proposal. (ProPublica, May 23, 2014, by Theodoric Meyer) Republicans had blasted the new rules as violating free speech rights. The rules would prevent groups with 501(c)(4) tax-exempt status from running TV

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Big Bear services district errs in conducting secret ballot

The president of the Big Bear Community Service District admitted it was a violation of California’s open government law, the Brown Act, to elect the new president of the board by secret ballot. -DB Big Bear Grizzly January 7, 2010 By Katie Onheiber and Judi Bowers The Big Bear City Community Services District board has spoken, the problem is it was not verbally. “I made a radical mistake,” says John Day, president of the CSD

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