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Asked and Answered

First Amendment

Does a Member of a Public Body Have a First Amendment Claim if He or She is Punished for Speaking Out?

[…] to limit what their employees can say on behalf of the company or while engaged in work functions. The First Amendment, with some exceptions, generally prevents the government from limiting citizens’ speech. The First Amendment analysis is therefore somewhat complicated when the government is the employer. As a threshold matter, it is important to […]
- Public Meetings
September 22, 2021
Asked and Answered

Brown Act

Private Homeowners Associations

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.

June 14, 2009
Posts

New Book Review Board Is Subject to Brown Act, FAC and ACLU Warn

[…] over the city library’s acquisition of new children’s books "containing any sexual writing, sexual references, sexual images and/or other sexual content." As the FAC and ACLU letter points out, this new board is a "legislative body" as defined by the Brown Act, so its meetings must be open and public. See the full letter below:
- Government Transparency and Accountability
- Public Meetings
November 13, 2023
Latest News

Blog

California agencies have no business claiming copyright protection for public records

[…] other creative types in the private sector? Yes, but the federal Copyright Act also allows states to elect copyright protection. This is a big deal. Copyright protection for government records poses a real danger because copyright is in direct conflict with the public’s right of access, under state FOI laws, to government records. The whole […]
- Government Transparency and Accountability
- Public Records
June 22, 2016
Asked and Answered

Brown Act

Brown Act Rules About Late Night Meeting

[…] general circulation, radio station or television station that has in writing requested notice. The notice must also be posted in a location freely accessible to the public. Government Code section 54956. The notice must specify the time and place of the special meeting and the business to be discussed. Only the business specified for […]

April 9, 2018
Asked and Answered

Brown Act

Do Chair’s new rules for committee members violate the Brown Act?

[…] just prevented on putting an item on the most recent meetings agenda, although we (a dozen community members and I) were allowed to have a non-agendized, non- action conversation during the meeting. If these protocols pass, will I be bound by them or do I still have the right as a concerned citizen to […]

May 21, 2015
Asked and Answered

Brown Act

Brown Act rules for scheduling a meeting

[…] discussions are not a "meeting" for the purposes of the Brown Act. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.

October 18, 2013
Asked and Answered

Brown Act

School board keeping exorbitant attorney fees in closed session

[…] outside the course and scope of the office or employment." Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.

November 29, 2011
Asked and Answered

Brown Act

Board member sent out email supporting project coming up for a board vote

The School Board is trying to accuse one trustee of a Brown Act violation because he sent out an email in support of a project they were going to be voting on in the near future. The email went to all trustees as well. None of them responded and no discussion was made back […]

October 24, 2013
Asked and Answered

CPRA

When Does Copyright Apply to Public Records?

[…] which would seem to be a relevant consideration under California’s Public Records Act. Another conceptual approach to dealing with copyright in public records might be that the government’s copying (or allowing a member to copy) public records to comply with the PRA is a fair use under copyright law, but that the requester’s use […]

May 23, 2018