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Showing results for government bodies must comply brown act 54951 act90 54951 act 54951 act90 54951 54951 54951

Asked and Answered

Brown Act

Obligation to stated agenda

Labor law requires that in order to negotiate a new contract the union's proposals must be presented in a public meeting. The School District agendized the sunshining of a teamsters union contract proposal but did not have the proposal available at the meeting or place the proposal on its website. It only showed on […]

June 14, 2009
Latest News

The Rowan County KY Clerk has no “right” to refuse marriage licenses to gay couples

[…] Kim Davis, the Clerk of Rowan County, Kentucky, who, on personal religious grounds, has refused to issue marriage licenses to gay couples, misconceives her job. As a government functionary, she is an agent of the Rowan County government, vested by law with certain responsibilities, including the stamping and issuance of pieces of paper that […]

September 3, 2015
Asked and Answered

CPRA

Councilman asks intern on date via city issued cell

[…] record relate to the "conduct of the public's business" is broadly construed, and "is intended to cover every conceivable kind of record that is involved in the governmental process. ... Only purely personal information unrelated to 'the conduct of the public's business' could be considered exempt from this definition, i.e., the shopping list phoned […]

November 21, 2009
Asked and Answered

First Amendment

Is there a law about distributing fliers near a courthouse?

[…] "limited public forums," or areas that traditionally have not been made open to the public, but have become public forums for at least some purposes because the government body that regulates a particular area has made it available for use by the public. In order to restrict speech in a public forum or limited […]

August 27, 2010
Latest News

Blog FAC News

FAC Seeks Nominations for 2017 Free Speech & Open Government Award

The First Amendment Coalition is soliciting nominees for the FAC Free Speech & Open Government Award, given each year for performance of exemplary work in the arena of open government. Qualifications for the award are outstanding accomplishment, service or other contributions to "the people’s right to know" about government. The winner, or winners, could […]

September 7, 2017
Asked and Answered

Brown Act First Amendment

Limiting Public Comment at Meetings

[…] and politically, they could never get away with applying such a rule to non-consent agenda items, and that this represents a large and dangerous loophole in the Brown Act and 1st Amendment if permitted. In particular, this particular rule also appears targeted at a single, specific individual who is consistently the primary target of […]

June 14, 2009
Asked and Answered

Brown Act

Is It Legal to Exclude the Public From a Regularly Scheduled Public Meeting?

[…] present. Bryan Cave Leighton Paisner LLP is general counsel for the First Amendment Coalition and responds to FAC 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. No attorney-client relationship has been formed by way of this response.

January 20, 2021
Asked and Answered

CPRA

Documents once public now denied

[…] medical technicians association 3. In paper copies as provided by that group. Since July 26 2010 we have submitted the same records request have been denied under Government Code section 6254(c: "The information that you seek constitutes examination data used to administer a licensing examination. As such, this information is exempt from disclosure under […]

January 12, 2011
Latest News

Blog

Obama blasts Afghans for expelling reporter who refused to ID confidential sources. So why the continued pursuit, at home, of NYT reporter James Risen?

To its credit, the Obama administration was quick and forceful in its condemnation of the Afghan government’s expulsion of New York Times reporter Matthew Rosenberg, who had angered the Karzai government by reporting that high-level Afghan officials were considering bypassing electoral procedures to establish an interim government—in effect, to stage a coup. But the […]
- Press Freedom
August 23, 2014
Asked and Answered

First Amendment

Controversial art in public spaces

[…] of the art pieces constitutes a violation of the artist's First Amendment rights, we can give you a general framework for analyzing regulation of speech activity on government property. The United States Supreme Court in Perry Education Assn. v. Perry Local Educators' Assn., 460 U.S. 37 (1983), announced a three-part framework for determining how […]

June 14, 2009