Search Results for: 54952(c) nonprofit Brown – Page 5

A&A: Advisory committees and the Brown Act

Advisory committees and the Brown Act Q: The local school board recently changed the high school graduation requirement, with no prior parent notification or input. An advisory committee comprised of 30 teachers and district administrators reviewed graduation requirements and compiled a report and recommendation to the Board.  Since no community members or parents were included on the committee, or notified of its existence, was this a violation of the Brown Act? A: The question you

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Southern California: Alleged Brown Act violation by school district during teleconferencing

The Orange Unified School District board of trustees has allegedly violated the Brown Act, California’s open meeting act in failing to observe the rules governing teleconferencing votes. According to the act, all votes during teleconference must be rollcall votes. -db Greater Orange News Service July 26, 2010 With Trustee Kim Nichols participating in the June 10, 2010 OUSD Board meeting by teleconference from Memphis Tennessee, the OUSD Board voted by illegal voice vote on several

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Orange County columnist calls for more openness by public Fair Board members

Six public Fair Board members are said to be forming a private nonprofit to buy the Fairgrounds. Orange County Register columnist Frank Mickadeit says that the six board members want closed meetings to discuss the issue, a move that he says would make the public even move suspicious of the private nonprofit. -DB The Orange County Register Opinion November 11, 2009 By Frank Mickadeit There’s been a not-so-unspoken conspiracy theory that six public Fair Board members

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A&A: Regulations on public comment

Regulations on public comment Q: Our City Council’s Law & Legislation Committee recently heard a proposal whereby the Chair (Vice Mayor), expressed her support for the measure, and restricted opposing testimony.  She allowed all those (dozen) in support to testify, and then limited opposition to 1 statement of 2 minutes.  All others who were signed up to testify were not allowed to.  She then browbeat the committee into not voting on the measure, and breaking

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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

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Restructuring of Philadelphia news outlets creates hope for future of reporting

A Philadelphia philanthropist, owner of The Philadelpia Inquirer and two other city media outlets, has created a public benefit corporation to oversee operations with an endowment of $20 million. The re-structuring will allow the corporation to solicit grants from foundations and other donors. (PoliticoMedia, January 12, 2016, by Ken Doctor and Joe Pompeo) The reporting world is looking at the move as a possible model for making the news business profitable. It remains for the

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A&A: Cure and correct Brown Act violations

Cure and correct Brown Act violations Q:  Members of my neighborhood were prevented access to meetings that we think should be open.  The county board of supervisors passed a resolution to create a technical advisory committee (TAC) to manage a new large-scale commercial solid waste transfer station in this area. This committee is made up of staff members at the city and county level and they have already decided on potential site locations, etc, and

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What Constitutes a Local Agency

What Constitutes a Local Agency Q: Are records from Hollywood Park OR Santa Anita Racetrack (aka Magna Entertainment Corp. and Los Angeles Turf Club) subject to public access?  If so, how do I access them?  They are under the jurisdictions of the California Horse Racing Board.  Therefore, I believe the Brown Act may apply…? A: Your first step is to determine if you have a right of access to the information you are seeking under

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A&A: Parents not invited to meeting that resulted in removing their autistic student from public school

Q: A group of parents circulated a petition to remove my autistic son from a public school. They submitted this petition to a Board of Education member. There were a series of email exchanges between the parents and Board member. At the parents’ email requests, the Board Member arranged a meeting with himself, the Superintendent, and a large group of parents in a forum at the school district’s office to discuss my son, and behaviors

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A&A: Signing In at Public Meetings

Q: Is it legal for a public school board at to require a member of the public to sign in in order to address the board on an agendized item? A: The California Supreme Court has recognized that “‘[a] school board of a school district constitutes a “legislative body” of a “local agency”‘” under Government Code §§ 54951-54952 of the Brown Act.  “‘Thus [a school board] is subject to the requirements of the Brown Act,

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City Clerk requires Ad Hoc reports to be in announcements

Q:Why would our city clerk require city Commissions to move all ad hoc reports and standing committees from agenda items to the announcements portion of the meeting? They are not listed on the agenda unless the ad hoc specifies the exact language of the action/recommendation for our city council. Then it gets more complicated because an agency of the city can be listed on the agenda but a standing committee from one of the neighborhood

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A&A: Are Special Districts covered by Brown Act, CPRA?

Q: I’m trying to track down the California law that authorizes special districts. It almost seems as if once in place and appointed, the dependent districts fall off the radar and don’t want to be known about or have their actions/inactions challenged. The one I’m battling seems to have never heard of the Brown Act or the California Public Records Act, to name just two. A: My review of the Government Code shows that there

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A&A: The CPRA and privately owned utilities companies

Q: Does the CA Public Records Act apply to a public, stockholder-owned company regulated by the California Public Utilities Commission? A: Whether or not records retained by the water company are covered by the Public Records Act depends on whether the company fits within the Act’s definition of “state or local agency.” A “state agency” is defined as “every state office, officer, department, division, bureau, board, and commission or other state body or agency, except

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A&A: Serial Meetings 101

Q: A citizen here has asked the DA to investigate Riverside County supervisors for possible violation of the “serial meetings” provision of the Brown Act. Could someone explain to me exactly how a series of two-person conversations can violate the act? On a five-member board, if A discusses X with B, and then B discusses X with C, does that violate the law? Or does A have to ask B to discuss it with C

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A&A: Is a city’s Building Board of Appeals a standing committee?

Q: I am trying to determine the requirements for a City Building Board of Appeals. Every city is required to have a Building Board of Appeals (BBA) pursuant to the California Building Code. Members of the BBA are appointed by City Council. The BBA only meets when someone files an appeal of a City-approved demolition or building permit. As a result, the BBA can’t anticipate meetings and approve or adopt a meeting schedule in advance. Section

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A&A: Reporters wrongly ejected from community college council meeting?

Q: I am working on a story about how two of our reporters were ejected from a college council meeting. The chair of the committee believes that their body is not subject to the Brown Act. This committee makes planning, budget and policy recommendations to the college president. A: The official student body associations of community colleges are subject to the Brown Act (see 75 Ops. Cal. Atty. Gen. 143 (1992), an opinion of the

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Brown Act roundup: San Diego city council in hot water over restrictions on public comment

A San Diego nonprofit filed a lawsuit claiming that the City of San Diego was violating the Brown Act, California’s open meeting law, by failing to add or allow non-agenda public comment on Monday agendas thus eliminating public comment. The nonprofit claims that the Brown Act requires public comment for each meeting. (San Diego Reader, September 12, 2014, by Dorian Hargrove) The San Diego city attorney told the city council that they were most likely

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A&A: Quorums, Listservs, and the Brown Act

Quorums, Listservs, and the Brown Act Q: I am a member of the faculty at a California Community College and a member of the Academic Senate.  The Academic Senate is governed by the Brown Act.  The faculty have a listserv–electronic discussion forum.  If a quorum or more members of the Senate are subscribed to the listserv (closed to all but faculty as subscribers), is there a Brown Act violation potential if–say–an issue that might come

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A&A: Informal Meetings and the Brown Act

Informal Meetings and the Brown Act Q: I understand that the Brown Act prohibits a majority of a Board of Supervisors from meeting together illegally.  However, can one supervisor discuss an issue with another two or more other supervisors on a personal, informal basis, one at a time? A: The Brown Act defines a “meeting” as “a congregation of a majority of the members of a legislative body at the same time and place to

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The Brown Act (text of the law updated 2013)

Resources Access to Meetings Text of The Ralph M. Brown Act Government Code Section 54950-54963   (Updated 2013) Visit the California Legislature website for the most current text. Access here. 54950. In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be

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