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Search Results for: government bodies must comply with Brown Act, 54951 – Page 2

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

FAC April 20, 2022

Q: I am a parent of an elementary school student who is attending a public school being fast-tracked to close in 25 days. An important piece of this decison-making process is a report that is being written by a superintendent’s advisory committee. This committee has closed meetings and the school board allows this. I have asked for the public to be able to view the meetings, to observe, but this has been denied. The superintendent’s

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A&A:Board Conducting Public’s Business Via Private Emails

FAC June 23, 2010

Q: It became apparent yesterday morning that the Board of Directors of our Community Services District is conducting a significant portion of its business via email.  The emails would have originated from at least six personal private computers. Such email has not been made part of the public record. Under CPRA I have requested copies of all emails between Board members for the past two years. I do not expect to receive them, for a

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AG Opinion #00-906 Officials Must Not Use E-mail to Conduct Government Business (2001)

firstamendment June 13, 2009

TO BE PUBLISHED IN THE OFFICIAL REPORTS OFFICE OF THE ATTORNEY GENERAL State of California BILL LOCKYER Attorney General OPINION of BILL LOCKYER Attorney General CLAYTON P. ROCHE Deputy Attorney General No. 00-906 February 20, 2001 [00-906] THE HONORABLE WESLEY CHESBRO, MEMBER OF THE STATE SENATE, has requested an opinion on the following question: May a majority of the board members of a local public agency e- mail each other to develop a collective concurrence

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A&A: Defining “action taken” and sufficiently describing agenda items

FAC June 13, 2009

Q: We believe based on a published Attorney General’s Opinion that the Brown Act applies to student governments at community colleges. Our student government, which distributes about $1.3 million per year in student fees, seems to consistently violate the Brown Act, particularly with respect to notice of its intended actions. Specifically, while our student government timely posts meeting agendas, the entries are so vague they fail entirely to describe the possible actions that ultimately (at

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A&A: Brown Act and statute of limitations

firstamendment June 13, 2009

Q: Does an action requesting purely equitable (injunctive) relief for a Brown Act violation have a statute of limitations? A: The statute of limitations for filing a Brown Act action for injunctive relief is quite short.  Please note that before suing for injunctive relief, you are required to make a written demand that the legislative body “cure or correct” the action.  Cal. Gov’t Code section 54960.1(b).  Generally speaking, the demand must be made within 90

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AG Opinion #01_401_02

firstamendment June 13, 2009

OPINION of BILL LOCKYER, Attorney General; MARJORIE E. COX, Deputy Attorney General No. 01-401 Office of the Attorney General of the State of California Filed March 14, 2002 THE HONORABLE TONY STRICKLAND, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following questions: Do the open meeting requirements of the Ralph M. Brown Act apply to the meetings of the governing board of a private, nonprofit corporation formed for the purpose of providing

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San Diego county school board cancels meeting to comply with open meeting law

donal brown February 25, 2010

The Grossmont Union High School District cancelled a special meeting to consider a threatened lawsuit after the media were not given adequate notice of the meeting. -db East County Magazine February 23, 2010 CAJON, Calif. – In response to a request by East County Magazine, the Grossmont Union High School District has announced cancellation of tonight’s special meeting. As noted in our story earlier today http://www.eastcountymagazine.org/node/2818 , ECM notified the district that the meeting was

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A&A: Mayor and University Official Meetings

firstamendment June 13, 2009

Mayor and University Official Meetings Q: The mayors of four cities have formed a grouping of sorts and meet with the University chancellor & the director of the labs – this is not done in public — should it be done in public? A: Based on the circumstances you describe, I am unaware of any law that would require a meeting such as you describe to be public.  As you may know, California’s Brown Act

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Brown Act Primer: Access to Meetings

FAC April 20, 2011

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: Emailed Public Comments Were Not Read as Promised at Board of Supervisors Meeting Closed By Coronavirus

FAC August 11, 2020

Q: I requested that two statements be read on the public record at a County Board of Supervisors meeting. This board met in spite of the fact that the meeting was closed to the public due to Coronavirus pandemic, and they stipulated that emailed statements would be read and failed to do so. What is my recourse, if any? A: Amid the COVID-19 pandemic, Governor Newsom issued executive orders N-25-20 and N-29-20, which temporarily suspend any Brown Act requirements “expressly or impliedly

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A&A: Charter schools and public oversight

firstamendment June 14, 2009

Q: I have reason and documentation to believe that the charter school my children attend has not been properly permitted and fire codes have been violated. The Governing Board falls under the Brown Act as a California Nonprofit Public Benefit Corporation. Can I request and receive copies of permits from the school for the portable classrooms on campus? Because one of the Board members is affiliated with the City Office I was told I couldn’t

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A&A: Advisory committees and the Brown Act

FAC June 13, 2009

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: Closed meeting votes and the Brown Act

firstamendment June 13, 2009

Closed meeting votes and the Brown Act Q: Under the Brown Act, can a sitting city council conduct a secret vote (no public notification) whether to consider a legally filed candidate for a city commission appointment, and then, refuse to make public how each council member voted or how the tally went when they do appoint candidates to a commission? A: The Brown Act prohibits action by secret ballot.  Gov. Code § 54953(c) (“[n]o legislative

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A&A: When is a non-profit board subject to the Brown Act?

FAC May 3, 2013

Q: I am Chief of Staff at a hospital that is part of a nationwide health care service, and an ex officio member of the hospital Board. Hospital executives have twice dismissed me from the Board room while they conducted official business in my absence. (I am the only Board member not appointed by the parent company, and I oppose some of their plans). The parent organization states this is legal, and also that they

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A&A: Non-profit committee receiving state and private grants subject to Brown Act?

firstamendment June 13, 2009

Non-profit committee receiving state and private grants subject to Brown Act? Q: I’m a disability activist parent on a non-profit committee sponsored by the public schools, receiving state grants and private grants. I feel the meetings, which we advertise in the newspapers, should be open to journalists and that our budget info is public information. Others on the board want to keep things hush-hush. Do we have a right to keep our financial info private?

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A&A: Could this act of intimidation be a Brown Act violation?

FAC June 10, 2016

Q: I attended the board meeting of the Waterworks District. During the meeting an agenda item came up for two job descriptions relating to the person who currently holds those positions. There were comments made by an ex-board member and another member of the public concerning this problem. One board member in particular had a very abrasive response to these comments. To break the dialogue, she asked for a 10-minute recess. At this point she pulled her phone out and called

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Orange County: Investigation uncovers alleged open government violations by school district

donal brown February 2, 2010

A PublicCEO reporter alleges that the Garden Grove Unified School District Board of Trustees has committed serious violations of California’s open government law, the Brown Act. -db PublicCEO Commentary February 2, 2010 By Chris Prevatt One of the most important duties for elected officials to perform is to be open and honest about their actions and to maintain their compliance with the minimal disclosure requirements of the Brown Act. It really isn’t that hard. The

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A&A: Special meeting and the Brown Act

firstamendment June 13, 2009

Special meeting and the Brown Act Q: The Brown Act reads in part Section 54954.3 of education code: “Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item.” I have argued with the Secretary of the Oakland School Board that when the Brown Act

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A&A: Closed Sessions under the Brown Act

firstamendment June 13, 2009

Closed Sessions under the Brown Act Q: The Situation: the Board of Education for a local district meets in closed session without any prior notification to the public. It makes a personnel decision during that closed session and announces it to the public. Question: Is the unannounced closed session meeting in accordance with Brown Act or any other law?  If not, what are the legal ramifications of that meeting? A: The Brown Act recognizes a

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A&A: Council gerrymandering and the Brown Act

firstamendment June 13, 2009

Council gerrymandering and the Brown Act Q: I live in the small desert town.  The Brown Act does not seem to make it to this part of California.  Members of the council poll each other and make decisions before the council meeting, any item they deem goes to closed session and no report of what happened is ever given to the public.  Who is responsible to make sure closed session items are in accordance with

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