Search Results for: 54953(c) vote – Page 3

A&A: Does the Brown Act apply to city council appointed committees?

Q:  Does the Brown Act apply to city council appointed committees?  If it does, how is a city supposed to conduct the necessary extended deliberations critical to producing good decisions regarding (among other things) public services and expenditures of public funds? A: Whether the Brown Act’s meeting requirements apply to committees created by the city council depends on whether the particular committee may be defined as a “legislative body.” Under the Brown Act, a “legislative body”

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Citizens United on ballot in California

The controversial Citizens United ruling will undergo a test as California’s Governor Jerry Brown signed off on an advisory ballot allowing citizens to vote on the Supreme Court’s 2010 decision on campaign spending. The state legislature passed the ballot measure on the grounds that ruling allows unlimited corporate spending in elections, a “destructive force in politics.” (Courthouse News Service, June 9, 2016, by Nick Cahill) The California Supreme Court ruled in January that the state

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Charter schools and the CPRA

Charter schools and the CPRA Q: Are California Charter Schools considered a California State agency and subject to the California Public Records Act? A: We are not aware of any California court cases specifically addressing the Public Records Act as it relates to charter schools.  Under the Public Records Act, a public record includes “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or

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A&A: Does the CPRA cover private entities that do work for government?

 Q: I am a reporter  working on a story about a recent dog shooting by a police officer although animal control officers say they had the situation under control.  Reports were filed by both Humane Society animal control officers on  the scene when the dog was tasered and shot by the officer.  I understand one of the reports clearly calls into question the necessity of the shooting, but my request for the documents was denied

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A&A: Charter schools and the CPRA

Q: I submitted a CPRA to the Charter School my child attends. I attached a table of 36 sets of board meeting minutes that were either completely missing from the school’s webpage, or were incomplete draft versions. These missing minutes span three years. The minutes that are missing surround major events that took place such as controversial board member resignations, votes to amend bylaws, votes that involved irregular activities and potential conflicts of interest and self-dealing.

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A&A: Bundling agenda action items silences public input

Q: I would like to question the legality of a new practice our school board school board to “bundle”  regular action items on the agenda. At the only regular board meeting of August 2010, after approving the consent calendar, the board approved the regular agenda items as presented. Their own by-laws state an agenda item will be presented; the administration will give their presentation and recommendations for action; the board will ask/seek further information; the

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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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A&A: The Brown Act and Charter Schools

The Brown Act and Charter Schools Q: A local public charter school has elected eight people to their Board of Directors this year. This is a public charter school. It is also a 501.c.3 non-profit corporation. The board of directors is self-selecting, self-electing. Each time a person was elected to the board, either as an interim officer (Treasurer) or as a new board member, the process was listed under Action Items on the Agenda. The

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The Brown Act (text of the law updated 2013)

Resources Access to Meetings Text of The Ralph M. Brown Act Government Code Section 54950-54963   (Updated 2013) Visit the California Legislature website for the most current text. Access here. 54950. In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be

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Judge rules Los Angeles City Council violated open meeting law on shopping center vote

A Superior Court judge found that the Los Angeles City Council violated the Brown Act, California’s open government law, by not giving the public sufficient notice of a meeting during which they approved a shopping center development in South Los Angeles. -DB The Los Angeles Times January 12, 2010 By David Zahniser A Superior Court judge tentatively ruled Monday that the Los Angeles City Council violated the state’s open meeting law by approving a 76,000-square-foot

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Stockton: Grand Jury finds three college board trustees in violation of California’s open meetings law

The County Grand Jury has recommended that three members of the San Joaquin Delta College Board of Trustees be censured for violating the Brown Act,the state’s open meetings law. -db The Record June 29, 2010 By Jennifer Torres STOCKTON — Three members of the San Joaquin Delta College Board of Trustees should be censured for violating the state’s open-meetings law, the county grand jury recommended in a report released Monday. The trustees — identified in

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A&A: Appointing board members and the Brown Act

Appointing board members and the Brown Act Q: Our school has a board director nomination policy. It says, “Board vacancies will be widely advertised in the regional media and to countywide educational and non-profit organizations in order to reach a broad population.  Applications for Board service shall be made available to the public on the school website and only those applications received by November 1st of the year prior to elections will be considered.  New

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Regional Centers and the CPRA

Regional Centers and the CPRA Q: Are the roughly 21 private non-profit corporations known as Regional Centers (effectively created by the Lanterman Act)  that operate under contract with the Department of Development Services, subject to the Brown Act, and thus, to the CPRA? A: The mere fact that a nonprofit is created by state action or contracts with a state agency would not subject it to the requirements of the CPRA.  As you suggest in

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What Constitutes a Local Agency

What Constitutes a Local Agency Q: Are records from Hollywood Park OR Santa Anita Racetrack (aka Magna Entertainment Corp. and Los Angeles Turf Club) subject to public access?  If so, how do I access them?  They are under the jurisdictions of the California Horse Racing Board.  Therefore, I believe the Brown Act may apply…? A: Your first step is to determine if you have a right of access to the information you are seeking under

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Net neutrality rules hailed as boon to free and open Internet

The Federal Communications Commission voted to make Internet service a public utility subject to government regulation in what many claim is a victory for free expression and equal access. In a 3-2 vote, the FCC prevented the establishment of exclusive premium services: fast lanes for powerful companies and slow lanes for the public at large. (New York Times, February 26, 2015, by Rebecca R. Ruiz and Steve Lohr) David Richards, Re/code, February 27, 2015, praised

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A&A: Brown Act requirement for private nonprofits?

Q: Please clarify for me the requirements of Brown Act compliance for a private nonprofit. We are members of an electric cooperative. As  members of the cooperative we are each eligible to be board members.  The elected directors make determinations on how operating capital is expended and invested. There has recently been allegations of fraud and theft among leading employees and directors of the board and the Attorney for the group is claiming they are

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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: Brown Act Rules for Non-Profits

Brown Act Rules for Non-Profits Q: As a public non profit corporation that’s primary purpose is to support the public elementary school are we required to comply with the Brown Act? Does having the Principal of the school on the executive board have any bearing on complying with the Brown Act? A: Under Government Code section 54952(c), the governing body of a non-profit organization would be subject to the Brown Act under either of two

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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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A&A: Charter schools and the Brown Act

Q: I’m writing a piece about charter school transparency requirements and want to make sure I understand the requirements for them to be subject to the Brown Act. Looking at A&A about charters it looks like a publicly-funded charter school is not subject to the Brown Act if there is no one on the governing board of the LLC or non-profit appointed by the funding agency (such as the Los Angeles Unified School District.) A: The Brown Act,

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