Search Results for: 54953(c) vote – Page 4

A&A: Discussion of Employee Termination in Closed Session

Discussion of Employee Termination in Closed Session Q: In 2007, the City held its last budget study session and on the closed session my job, as Director of Finance, title or position was never put on for discussion, nor was my job title put on for closed session since I started with the City. The next morning the mayor and the City manager were waiting for me to terminate my employment with the City. The

Read More »

Local education activist sues Alameda unified schools

The founder of Alameda Concerned Parents is suing the Alameda Unified School District for violations of the state’s open government law, the Brown Act. -db San Francisco Chronicle Opinion February 18, 2010 By Susan Davis This just in — Kerry Cook, founder of Alameda Concerned Parents, which protested Lesson 9 last spring and fall — is now suing the Alameda Unified School District, as well as its Board of Education, for Brown Act violations alleged

Read More »

Transparency lacking in campaign spending 2016

Six years after the U.S. Supreme Court’s Citizens United decision, lack of transparency in campaign finance muddles the election process. The decision in Speechnow.org v. FEC eliminated limits on contributions to groups only making independent expenditures but upheld disclosure of donors. Despite that caveat, contributors have been able to spend unlimited amounts and evade identification by giving to 501(c)(4) nonprofits that donate to super PACS. In the current election, super PACS have already spent over

Read More »

Free speech: Fight on in civil suit over Trump’s role on Jan. 6

A lawyer for former President Donald Trump argued in his civil trial for inciting the January 6 insurrection that Trump’s speech to his followers before the riot was protected free speech. When asked by the judge if Trump were immune to inciting a riot and failing to stop it, the lawyer Jesse Binnall said he could not be subject to judicial action because he “failed to do something.” (Business Insider, January 10, 2022, by Sonam

Read More »

Community College Senate, Listservs, and Public Record

Community College Senate, Listservs, and Public Record Q: This question refers to the Academic/Faculty Senate of a small California Community College. Should the listserv, described below, be made public, and all archived messages placed in a publicly accessible location?  Or should the listserv be immediately discontinued?  Or should anyone be allowed to subscribe and post? Or do the faculty have the right to privacy in these issues? There is a “listserv” among the faculty that

Read More »

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

Read More »

A&A: When does a non-profit fall under the Brown Act?

Q: If a city establishes an Association and it is registered as a nonprofit under 501(c)(6) does that Association fall under the Brown Act? If the Association does receive monies from the City under an Assessment is the Association under the Brown Act? If the Association establishes a new organization and is registered as a 501(c)(3)to become eligible for grants does that organization fall under the Brown Act? If the Association gives money to the

Read More »

A&A: CA Public Benefit Corporations and the CPRA

Q: We are a very small group of residents are concerned about a community plan, which is in process of being amended, and the revised EIR that will be coming out soon that could bring a potential of overwhelming development to our area. We’ve been working on the growth issue for two years now and have just recently organized as a non-profit (CA Public Benefit Corp) and filed under IRS 501(c)(3) to obtain a Determination

Read More »

A&A: Charter schools and public oversight

Q: I have reason and documentation to believe that the charter school my children attend has not been properly permitted and fire codes have been violated. The Governing Board falls under the Brown Act as a California Nonprofit Public Benefit Corporation. Can I request and receive copies of permits from the school for the portable classrooms on campus? Because one of the Board members is affiliated with the City Office I was told I couldn’t

Read More »

Senate moves to back Obama in barring release of torture photos

A senate Committee voted to amend the Homeland Security Appropriations Bill to include language to allow the Secretary of Defense to withhold photos of detainees who had undergone torture. -DB The Reporters Committee for Freedom of the Press October 8, 2009 By Miranda Fleschert Barring the release of photos depicting abuse of detainees in U.S. custody was again the subject of a legislative amendment in the U.S. Senate this week when language that supports President

Read More »

ACLU thwarted in California lawsuit against ballot box selfies

The American Civil Liberties Union filed a lawsuit in federal court this week claiming that California is violating the First Amendment with their law blocking selfies in the ballot box. The judge rejected their suit, criticizing the ACLU for filing the lawsuit. California has not enforced the ban enacted 12 years ago and passed a new law allowing selfies that doesn’t go into effect until January of 2017. The ACLU said they just want clarity

Read More »

A&A: Does the Brown Act apply when board members attend a Town Hall meeting?

Q: At a recent Town Hall meeting, water rates were discussed. A majority of directors of the water district were in attendance to answer any questions. They did not notice this meeting. Items were discussed that they will vote on. Is this a Brown Act violation? A: Under the Brown Act, a “meeting” includes any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss

Read More »

Berkeley city council faces test on Sunshine Ordinance

A concerned Berkeley resident writes that the meeting this week on the city’s plan for Bus Rapid Transit should be held at a venue that accommodates the throngs that intend to show up to express their opinions on the plan. -db The Berkeley Daily Planet Commentary April 15, 2010 By Dean Metzger The city council has said it will hold a special meeting to hear public testimony concerning the staff proposed “Locally Preferred Alternate” (LPA) for

Read More »

A&A: Posting agendas and notification of action in special/closed sessions

Posting agendas and notification of action in special/closed sessions Q: A School Board is subject to the Brown Act yet a principal was dismissed without cause after a Special meeting /closed session in which no one was notified nor was it posted at the site where the meeting was held (it was posted on a website) nor has the decision been posted for the ten day requirement following the meeting. The staff and parents are in

Read More »

Medi-Cal, Privider Rates, Confidentiality

Medi-Cal, Privider Rates, Confidentiality Q: Can a Medi-Cal fiscal intermediary which is a public agency [created by a County BOS], maintain that its provider rates are proprietary, confidential?  The rates in question are not to be confused with CMAC hospital rates. A: Although I am not familiar with the type of Medi-Cal fiscal intermediary you reference below, the first step is to determine if it is a local agency for the purposes of the Public

Read More »

A&A: Council took action on a for-discussion-only agenda item

Q: A recent city council meeting agend  discussion item stated that “No action was called for.” The “summary recommendation” was  that the city council “receive and file this report. ”  However, without any public notice, the City Council took action.  I know the Brown Act requires items on which Council acts to be on the agenda in advance, unless there is an emergency or need for immediate action wasn’t realized earlier. What should I do

Read More »

A&A: Barring the Media from recording an Open Meeting

Q: Can a Home Owners Association Board of Directors prohibit a member of the press from recording the events during the open session of the monthly meeting in which the press was invited by a group of home owners? A: In response to your inquiry below, the threshold question is whether or not the home owners association you reference is subject to the California open meetings law, the Brown Act.  Under Government Code section 54952(c),

Read More »

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

Read More »

A&A: Governing Boards with Public Funds

Governing Boards with Public Funds Q: I would like to know if governing Boards for co-ops that use public funds fall into the jurisdiction of the Brown Act or the Bagley-Keen open meeting act?  If so how the Brown Act applies to these governing bodies? A: The California Brown Act generally requires “legislative bodies” of “local agencies” (for example, cities, counties, and school districts) to hold their meetings open to the public unless a specific

Read More »

Davis-Stirling Act

Davis-Stirling Act Q: I am a resident of a city which is unique because the Community Association (14,000 + members) encompasses the entire City. When the City was created it granted a number of functionalities and services normally provided by a City to the Property Owners Association. The Property Owners Association claims to be exempt from the Brown Act so does not have to publish notifications ( agendas ) before executive sessions. They claim they

Read More »