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  • Asked and Answered

    Brown Act First Amendment

    Swearing in public commenters at open meetings

    A local city council has adopted various new rules for members of the public wishing to address the council.  The most concerning issue is: "The presiding officer may require any person to be sworn as a witness before addressing the council on any subject." They go onto to state that anyone making false statements […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Secret ballots violate Brown Act

    […] Meeting today where the Council appointed members to an advisory board. The appointments were done in open session, but by secret ballot. After announcing the matter, taking questions and comments, the city council sat at the dias w/microphones off, each wrote their choices for the board on a piece of paper and handed them […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    City Planning Commission failure to address public comment

    I recently submitted comments for discussion at a City Planning Commission meeting. In accordance with the established procedure, I submitted 3 pages of comments before the onset of the meeting. During the meeting my comments were overlooked - the Planning Director claimed they lacked relevance to the agenda item, even though they were directly […]

    April 11, 2016

  • Asked and Answered

    CPRA School Records

    Request for public information not honored

    […] In one case, Marken v. Santa Monica-Malibu Unified Schl. Dist., 202 Cal. App. 4th 1250, 1268 n.14 (2012), the court of appeal noted that it had "serious questions" about whether a delay of one month, following the school district's determination that the records requested were subject to disclosure, was warranted. On the other hand, […]

    April 28, 2016

  • Asked and Answered

    First Amendment

    Blog post results in threats of defamation

    […] or publishing a defamatory statement, public officials and figures must demonstrate that a defendant acted with actual malice in order to prevail in a defamation action.   New York Times v. Sullivan, 376 U.S. 254, 283 (1964).  Actual malice requires either proof that you knew the statement was false, or that you published it […]

    April 8, 2016

  • Asked and Answered

    First Amendment

    Parents Want to Shield Kids from ProLife Protest Signage at Florida Elementary Schools

    […] her reading FAIR test the day the protester was at the drop off area for the school. The parents have organized to request assistance from the city commissioners and the school board looking for ways to regulate the type of visual images that are used within a two-mile radius of the school. Because of […]

    April 3, 2018

  • Asked and Answered

    Brown Act CPRA

    Councilmembers texting during meeting a Brown Act violation?

    We have noticed a new trend during City Council meetings. We are seeing council and staff texting/emailing to each other while on the dais. This is occurring during the public comment item of the meeting and includes the city attorney. We would like to CPRA these texts but believe they will either claim they […]

    May 23, 2013

  • Asked and Answered

    First Amendment

    Can my High School Principal ban “furry culture” tails on campus?

    […] required a showing of "facts which might reasonably have led school authorities to forecast substantial disruption of or material interference with school activities." In a more recent example, where school officials could reasonably predict that students wearing American flag shirts during a school Cinco de Mayo celebration was likely to cause disruption based on […]

    March 25, 2016

  • Asked and Answered

    Brown Act

    Should school superintendent’s goals be made in closed session?

    […] of the City Manager in meeting goals in done in closed session. In contrast, the School Board sets  goals for the Superintendent's in closed session. Recently, the new superintendent made her goals available on the District web site. The Board President thanked her in a public column for choosing to be transparent since the […]

    April 13, 2012