Search Results for: 4956.9 litigation – Page 4

A&A: Closed Sessions, Settlements, and Lack of Discussion/Public Comment

Closed Sessions, Settlements, and Lack of Discussion/Public Comment Q: Our City Council met in closed session to discuss ongoing litigation against the city by outdoor advertising companies challenging the city’s program of surveying and inspecting billboards and other off-site advertising signs.  In open session following that meeting, the council adopted without discussion a settlement agreement that made changes in city codes regarding inspection fees, the number and types of billboards allowed, and the legalization of

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Santa Barbara university student council suddenly closes meeting

The Associated Students Legislative Council at the University of California, Santa Barbara closed a part of their Wednesday night meeting without prior notice or disclosing before hand their reasons prompting complaints that the state’s open government laws had been violated. -DB Daily Nexus January 28, 2010 By Elliott Rosenfeld and Mackenzie Weinger The Associated Students Legislative Council barred all members of the public yesterday from a portion of their regular Wednesday night meeting. At 6:15 p.m.,

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FAC Supports CA Senate Bill 1244 to Protect Public Records Requesters

The First Amendment Coalition supports a bill to be heard next week in the California Senate Judiciary Committee that would help prevent abusive litigation by public agencies against members of the public who request records under the California Public Records Act (CPRA). SB 1244 would amend the CPRA in two important ways. First, it would make clear that a public agency cannot bring a lawsuit against a member of the public in order to force

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A&A: Agency answered cure & correct letter with demonstrable falsehoods

Q: I sent a letter to a public agency requesting “cure and correction,” to a Brown Act violation.  The Agency responded with a signed document that contained demonstrably false statements of fact. What is the correct name and legal status of this response document? Is it a legal response that is subject to perjury or other criminal violations? A: As you may know, under the Public Records Act, public records — which include “any writing

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A&A: Closed sessions…

Closed sessions… Q: Our city attorney is planning a closed session meeting with the city council and police review commission to discuss a recent court decision regarding open police complaint hearings.  Is this legal? A: The city can likely justify its closed session under Government Code 54956.9, which allows legislative bodies to hold closed sessions to discuss pending litigation when discussion in open session would prejudice the public agency.  The purpose of the pending litigation

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A&A: Is A Letter From A Water District Lawyer A City Attorney Public?

Q: The Municipal Water District had a contract to deliver water, but wanted to modify it. The District’s lawyer wrote a letter to the city attorney, attaching a draft civil complaint, asking for a set of changes, threatening to sue otherwise. “Settlement” meetings were in closed session. Now that a new contract has been agreed to, is the first letter a public record? How can we get it? A: It seems that the letter from

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The CPRA…

The CPRA… Q: The County Office of Education is refusing to provide me with documentation of a meeting that they are claiming occurred. It appears they are being disingenuous. A: Under the California Public Records Act (“PRA”), the public has a right to inspect and obtain copies of documents collected or maintained by state or local agencies.  The PRA requires agencies to provide you with the documents requested, or notify you that your request has

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A&A: Minutes and closed sessions

Minutes and closed sessions Q: My question is: Must the minutes reflect a teleconference with the board’s attorney to otherwise justify a closed session under 54956.9 that does not state that the attorney was present at the meeting in the minutes?  Also, if the minutes are simply in error and there actually was a teleconference with the attorney, would this per se invalidate the board action from that closed session, or would only proving the

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A&A: How long are routine County surveillance records archived?

Q: I have been fighting a speeding ticket for over the past year. After an initial failed CPRA request, I was able to retrieve dash-cam footage of the incident. However, upon review the County sent me footage from the wrong incident. The data that indicates the date and time of the footage was left out, perhaps intentionally. I am still attempting to retrieve the proper footage to pursue my case. Do you know how long

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A&A: Can I appeal a records request denial from State Medical Board?

Q: I made a request to the California Medical Board for licensing application information. The Medical Board denied my request and offered no avenues for appeal. By my reading of relevant case law, and admittedly I am not a lawyer, this information is clearly not exempt from the Public Records Act. Are there avenues for appeal for this kind of denial that don’t involve entering litigation? If litigation is required, is it common practice, or

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A&A: Lawsuits Among School Trustees

Lawsuits Among School Trustees Q: I cover the School District, which has just been sued by one of its trustees on allegations of civil rights violations and harassment. The board of trustees held a closed session on the litigation on Tuesday night and I received an anonymous tip that this trustees was asked to leave the closed session so that the other trustees could discuss strategy to defend the district against this lawsuit. He refused

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A&A: Circumstances for closed meetings

Circumstances for closed meetings Q: For what reasons can a legislative body have a closed meeting? A: Meetings of any “legislative body” of a “local agency” as those terms are defined in California Government Code sections 54592 and 549451, respectively, may hold closed sessions for the following reasons: —To discuss and decide whether an applicant for a license or license renewal who has a criminal record is sufficiently rehabilitated to obtain the license (Gov’t Code

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Accessing Termination of Employment Records

Accessing Termination of Employment Records Q: 1) My former employer violated my privacy by releasing reasons why I was terminated to the public which was different from the reason that he has given me in writing. 2) I recently asked for copies of my emails pursuant to public records act and the City denied me them. . A: Generally speaking, laws restricting access to records should not interfere with a person’s rights to review his

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69 Ops. Cal. Atty. Gen. 232 City Council Can Meet Privately to Discuss Cease and Desist Order (1986)

Office of the Attorney General State of California 69 Ops. Cal. Atty. Gen. 232 Opinion No. 86-203 October 22, 1986 THE HONORABLE LLOYD G. CONNELLY MEMBER OF THE CALIFORNIA ASSEMBLY THE HONORABLE LLOYD G. CONNELLY, MEMBER OF THE CALIFORNIA ASSEMBLY, has requested an opinion on the following questions: 1. Does section 54956.9 of the Government Code, a provision in the Ralph M. Brown Act, authorize closed sessions of a city council for the purpose of

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A&A: Grounds for Cease & Desist under the Brown Act

Q: Last June, my local City Council approved a $120,000 contract to a lobbying firm to work on a pending piece of legislation. The approval was in closed session and labeled as “Pending Litigation.”  Under the Brown Act, do I have legal grounds to pursue a Cease & Desist order? [su_button url=”https://firstamendmentcoalition.org/legal-hotline” target=”blank” style=”flat” background=”#7da1fa” color=”#0b0707″ size=”5″ wide=”yes” center=”yes” radius=”0″ desc=”Click Here!” class=”div { font-size:x-small; }”]Have a Brown Act question? Ask FAC’s free Legal Hotline for

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A&A: Did City Violate Brown Act With This Switch of issue Decided During Closed Session?

Q: I’m wondering whether my city violated the Brown Act (or other law) when the City Council decided in closed session to issue a statement criticizing the city’s mayor and defending an earlier vote. The background is that the mayor had attempted to veto an amended contract for the city manager, which the city attorney says is not allowed under the city’s charter. The mayor has said he is considering going to court to establish that

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FAC Sues Bakersfield For Open Meetings, Records Violations

The First Amendment Coalition (FAC) yesterday filed suit against the city of Bakersfield over the city council’s repeated practice of holding closed-door meetings to discuss topics that under California law must be heard in public. The lawsuit, jointly filed with Californians Aware (CalAware) in Kern County Superior Court, also demands that the city release public records relating to the unlawful council sessions—records the city is required to disclose under the California Public Records Act but

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A&A: District won’t release legal bills from defending workers’ comp cases

Q: My client has a worker’s compensation case with the school district and made a public records act request in order to determine how much the school district is spending in her case and in total for legal defense of workers’ compensation matters. It is our belief that the attorney is not settling cases for his own profit. The district refuses to turn over that information A: As I’m sure you know, under the Public

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