Search Results for: 54952(c) nonprofit Brown – Page 3

Newspaper finance crisis: Nonprofit model no panacea but may be part of the answer

By Donal Brown Like the economy generally, the newspaper industry’s financial crisis deepens daily with reports of bankruptcies, layoffs and closings. The prospect that this downward spiral could leave the country, or large parts of it, without a vigorous press to uncover news of vital interest has fueled interest in alternative business models–notably including the model of nonprofit organizations. At a time when private investment capital is unavailable, the restructuring of newspapers and other media

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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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A&A: Mayor and University Official Meetings

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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A&A: Writer denied access to coroner’s report on 1947 Black Dahlia case

Q: I am researching the ‘Black Dahlia’ murder in California in 1947. I have asked the LAPD for its file on this case, which has been refused under section 6254(f) of the CPRA. The FBI and DA have disclosed their files on the case (the FBI with heavy redactions).The LA County Coroner’s Office refuses to disclose the coroner’s report pursuant to a security request from LAPD. In 2012, the LAPD Museum held a ‘Black Dahlia’ exhibition

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Justice Department refuses to declassify opinion on legality of warrantless surveillance

The Justice Department has refused to declassify a 2001 opinion written by John C. Yoo on the Bush administration’s warrantless surveillance program. Critics of the program want to obtain the entire 21-page opinion to make sure misguided legal opinions do not live on to guide government policy. -db From Secrecy News, August 26, 2011. by Steven Aftergood. Full story

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A&A: Are city council subcommittees Brown Act-exempt?

Q: I am trying to get some skeleton data on a new crop of Brown Act-exempt City Council subcommittees. I requested the subcommittees’ mission statements, which I assumed were set out prior to commencement. Some have had four meetings thus far, and one as many as seven meetings. I have not received a response regarding the composition and purpose of the subcommittees with purported need to await an absent city manager’s writing up of, or coming

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A&A: Is A Chamber of Commerce Subject to the Brown Act?

Q:  Is a Chamber of Commerce subject to the Brown Act? How can one find out if that act applies to this body or not? A:  Determining whether a particular body is subject to the Brown Act is not always simple. The Brown Act defines the term “legislative body” to include “a board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity” if that entity either: (A) is

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A&A: Homeowners Associations Prohibition on Videotaping

Homeowners Associations Prohibition on Videotaping Q: The Board of Directors of my Homeowners Association has passed a new rule (in an open meeting and after a 30 day notice) to prohibit taping of Board Meetings by members of the HOA.  It is not clear whether “The Brown Act” applies in this case.  I do not know how to determine if “The association is (was) created by an elected legislative body in order to exercise authority

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Accessing Polling Done with Public Funds

Accessing Polling Done with Public Funds Q: A school district uses public funds to conduct a poll regarding public support for a tax measure. The authorities I’ve reviewed find that an “objective” poll is an authorized expenditure of public funds.  It seems clear to me that the entire poll (questions, cross tabs, etc.) are therefore a public record subject to full disclosure under the PRA.  But I’ve not seen any cases or advice letters directly

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Legal challenge to 'dark money' political campaigns

A defeated Illinois congressional candidate and Citizens for Responsibility and Ethics in Washington (CREW) filed a lawsuit against the IRS for allowing tax-exempt 501(c)4 nonprofits to spend millions in attack ads in political campaigns. (TPMMuckraker, February 19, 2013, by Eric Lach) Under federal law, the nonprofits do not have to identify their contributors hence “dark money.” CREW contends that the American Action Network, a 501(c)4 nonprofit spent an estimated $1.5 million to defeat Democratic congressional

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A&A: Are school district “fact-finding” committee meetings public?

Q: One of the school districts I cover is considering closing a school. At first the superintendent announced they were closing a school at a board meeting, but after a huge amount of public uproar he backpedaled and said there would be public hearings before a decision is made. The district has set up a fact-finding committee to look at things like declining enrollment numbers in the area, fiscal impact and the impact on academic

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Private Homeowners Associations

Private Homeowners Associations Q: Does the Brown Act apply to private Homeowners Associations or only to local and state gov’t? I want to discuss dismissing a management company and I’m being kept from discussing their removal except in their presence at a Board meeting by other Board members. A: Under Government Code section 54952(c), the governing body of ahomeowners association would be subject to the Brown Act under either of two circumstances: 1.  The association

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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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A&A: Brown Act and Home Owners Associations

Brown Act and non-profit organizations Q: Our HOA is non-profit California Corporation and my wife last night tried to video tape a meeting that I could not make, and security told her to stop and she complied. It is my understanding that the Brown Act applies to HOA’s from this site, I believe. Is this true, did the HOA do something illegal last night in denying my wife access of videotaping? She did not make

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A&A: Foundation that gives millions to county agency claims CPRA doesn’t apply to them

Q: I am investigating a foster care shelter in California. When a child is removed from an abusive home, the child is taken to this shelter to wait for a foster home. The shelter is run by the county.  However,  it receives major funding from a foundation. The foundation and the shelter have the same name except the foundation has the word foundation at the end. It was started by a judge who formerly oversaw

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A&A: Homeowner’s Association, the Brown Act, and tape recording

Homeowner’s Association, the Brown Act, and tape recording Q: My senior homeowner’s association board prohibits members from tape recording board meetings.  I tried today, they asked me to leave, and they called the police. I stated “I will exercise my right under California law to record meeting”. Police would not take any action in civil matter.  The board adjourned meeting for two weeks. The board says they are not subject to the Brown Act.  An

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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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The CPRA, the Brown Act and Retirement Trusts

The CPRA, the Brown Act and Retirement Trusts Q: An employee retirement trust is delegated the responsibility of providing and administering retiree health benefits by our school district.  The unions appoint four individuals, the district appoints four and it is unclear who appoints the two retirees on the board (10 board members total).  I filed PRAs last year, they responded to first one and then stopped responding.  I went to three public board meetings last

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Transparency arrives for Bannon fundraising efforts

The indictment of former Trump campaign consultant Stephen K. Bannon on charges of misappropriating money from online solicitations shows once again the need for transparency for this type of operation. Bannon and associates raised over $25 million from an online GoFundMe appeal to help build the wall on the southern border and put the money into a 501(c)(4) nonprofit WeBuildTheWall, not required by law to disclose donors or file campaign finance reports to the Federal

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