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Asked and Answered

Brown Act

Did the Board chair violate the Brown Act by refusing public comment, holding a closed session?

[…] shall be in writing and clearly describe the challenged action of the legislative body and nature of the alleged violation," and must usually be made within 90 days of the action if in closed session, or within 30 days if the action was taken in open session. Cal. Gov. Code § 54960.1. You can […]

August 4, 2020
Asked and Answered

Brown Act

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

[…] to demand that it cure and correct that action. Under the Brown Act, such a demand must be sent to the legislative body in writing within 90 days of the action. Gov’t Code 54960.1(c)(1). If the legislative body doesn't take corrective action within 30 days, then the demanding party may sue. Gov’t Code 54960.1(c)(2)-(3). […]

November 29, 2018
Asked and Answered

CPRA

Surveillance cameras and the CPRA

[…] believe you are entitled to the tapes and will seek a court order to obtain a copy, if necessary. Under the PRA, the SJPD will have 10 days to respond. They either must tell you they will provide you a copy (for which they can only charge you the direct cost of making a […]

June 14, 2009
Asked and Answered

Brown Act

Is it a Brown Act violation to move item from closed to open session?

[…] person" must send the body a letter demanding that it "cure and correct" the violation. Such demand letters must be sent to the board either within 30 days of the violation if based on section 54954.2. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In […]

March 13, 2014
Latest News

Advocacy Blog Cases

Four Open-Government Battles We Are Fighting and Why They Matter
December 19, 2019
Asked and Answered

Brown Act

Brown Act Rules About Late Night Meeting

April 9, 2018
Latest News

Blog

Real outrage is that surveillance of AP reporters’ phone calls was probably legal
- Press Freedom
May 20, 2013
Latest News

Brown signs anti-sunshine bill, setting up 1st Amdt battle. Do labor rights trump democracy?

[…] negotiators that they will not sign off on the final agreement until the text is made public and citizens have had an opportunity, over at least 14 days and at two public meetings, to review the proposed agreement; to consult with actuaries and other experts; and to question elected officials about the agreement’s assumptions […]

October 27, 2015
Asked and Answered

Brown Act

Emergency agenda items and proper notice requirements

[…] notified or attempted to notify, a copy of the roll call vote, and any actions taken at the meeting must be posted for a minimum of 10 days in a public place as soon after the meeting as possible. (Gov't Code § 54956.5(e)). Furthermore, as a general rule, emergency meetings may not be held […]

June 14, 2009
Asked and Answered

FOIA

Can TSA deny company public information under FOIA?

[…] reason for the denial and give the individual and opportunity to appeal the decision. 5. U.S.C. 552(a)(6). A decision must be made on the appeal in 20 days (which is only slightly faster than getting through a TSA screening at SFO). Before appealing, the requesting individual may request a Vaughn Index which requires the agency to […]

August 11, 2014