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Asked and Answered

CPRA

Access to rezoning information

[…] to discussion or consideration at a public meeting of the body, are disclosable under the and shall be made available upon request without delay." Gov't Code Section 54957.5(a). Therefore, materials distributed at such a meeting should be made available "without delay," upon request, unless one of the PRA's exceptions to disclosure applies. This language […]

June 14, 2009
Asked and Answered

Brown Act

Homeowner’s Association, the Brown Act, and tape recording

[…] the governing body of a homeowners association can be subject to the Brown Act under either of two circumstances. 1. The association is created by an elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body; - OR - 2. The homeowners association (a) […]

June 14, 2009
Latest News

Blog

What kind of Governor would Jerry Brown be? Don’t try to check his gubernatorial record. It’s locked up until 2038.

[…] governor. What kind of governor would Brown be? While the resumes of most candidates provide, at best, an ambiguous guide to the policies they would pursue if elected, Brown has a track record that is uniquely relevant to the inquiry: the voluminous archive of gubernatorial papers from his two terms as governor, from 1975 […]
- Government Transparency and Accountability
- Public Records
November 18, 2009
Asked and Answered

Brown Act

Public Funds and the CPRA

[…] to include " board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that (A) is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Public Records Non-Compliance, Filing Suit, and Non-Response

[…] willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session." Cal. Govt. Code Section 54957.9. Conceivably, if an attempt to address the body during public comment time was deemed inappropriate under some reasonable application of the body's regulations for public comment, […]

June 14, 2009
Asked and Answered

CPRA Newsgathering School Records

School denies access to all info about coach fired amid rumors players’ were abused.

[…] school superintendent's alleged misconduct must be disclosed, observing: "embers of the public were greatly concerned about the behavior of the city's high school superintendent and his governing elected board in responding to their complaints. Indeed, from the public's viewpoint, the District appeared to have entered into a 'sweetheart deal' to buy out the superintendent […]

March 9, 2014
Posts

FAC opposes bill that would weaken open-meetings protections

[…] an official to get comment or connect with community members who have views on issues being considered? State law already allows for ample flexibility for appointed and elected officials to participate in public meetings remotely. The Brown Act has allowed it since the 1990s, so long as certain guardrails were in place, such as […]
- Public Meetings
June 3, 2024
Asked and Answered

Brown Act

Is it a Brown Act violation to move item from closed to open session?

[…] closed session, they must "publicly report any action taken in closed session and the vote or abstention on that action of every member present." Govt. Code Â§ 54957.1(a). Pursuant to the Brown Act, "t least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an […]

March 13, 2014
Latest News

Blog

Tracy case tests the power of government officials to avoid disclosure of their emails on public business

[…] a First Amendment expert to see that Tracy’s theory, if accepted by the courts, would convert California’s Public Records Act into its opposite, an Official Secrecy Act. Elected officials and public employees would use official email accounts for proclamations, resolutions, press releases and other official drivel intended for public consumption, while switching to their […]
- Government Transparency and Accountability
- Public Records
June 2, 2009
Asked and Answered

Brown Act

When can a public Board claim attorney-client privilege?

[…] the meeting, including items to be discussed in closed session"), and a second time immediately before the closed session is convened. As stated in Government Code section 54957.7: (a) Prior to holding any closed session, the legislative body of the local agency shall disclose, in an open meeting, the item or items to be […]

March 25, 2013