Search Results for: 54957 elected – Page 5

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

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A&A: Homeowners Associations Prohibition on Videotaping

Homeowners Associations Prohibition on Videotaping Q: The Board of Directors of my Homeowners Association has passed a new rule (in an open meeting and after a 30 day notice) to prohibit taping of Board Meetings by members of the HOA.  It is not clear whether “The Brown Act” applies in this case.  I do not know how to determine if “The association is (was) created by an elected legislative body in order to exercise authority

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Federal court to re-hear open meeting law case

The full appeals court in New Orleans will consider a case decided by a three-judge panel that ruled that the Texas Open Meetings Act violated elected officials’ free speech rights by requiring a quorum to discuss government business outside a public meeting. -DB Reporters Committee for Freedom of the Press Commentary July 30, 2009 By Hannah Bergman A federal appellate court rightly decided this week to re-hear a case on the constitutionality of the Texas Open

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A&A: County Bar Association and the CPRA and Brown Act

Q: I am reading the Attorney General opinion concerning the private cable company that must comply with open meeting and records requests — would this apply to a local County Bar Association which has been delegated certain county functions.  It would seem to me that it would; but they are taking a very aggressive stance with me as I try to ask these questions. A: It sounds like you are talking about the 2002 AG

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Transparency loses a round in California ruling on public officials’ private e-mails

A California appeals court ruled that San Jose mayor and council members are not required to release their e-mails and text messages under the state’s public records act. The decision came in a suit brought by a citizen who claimed that city officials could not hide messages concerning a downtown redevelopment project in their personal e-mail accounts . The judges said that messages on private accounts are not public records. (Courthouse News Service, March 28,

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A&A: Convening in closed sessions

Convening in closed sessions Q: Our school board will be visiting the school site/employer of the finalist in our District superintendent search.  We are a 5-member board and 4 trustees want to participate in the site visit, which will be outside our District boundaries.  We want to fully investigate the performance of our finalist with face-to-face interviews with co-workers, parents, community members, etc. We fully intend to post an agenda once we determine who our

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Supreme Court to hear two cases on scope of First Amendment

The Supreme Court has consented to hear two cases on the reach of the First Amendment, one on whether a vote cast by a public official is protected and another on whether information on physicians’ prescriptions is protected. -db First Amendment Center January 11, 2011 By Tony Mauro WASHINGTON — As well-developed as First Amendment law is, a threshold question still sometimes arises in cases that make their way to the Supreme Court: What does

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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

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California Brown Act roundup: Meeting protocol in question across state

The Los Angeles County district attorney exonerated Cerritos Mayor Pro-Tem Carol Chen after a citizen contended that she and other council members held a private meeting with other local elected officials to plan ways to oppose an improvement bond by a local school district. The district attorney questioned the propriety of the meeting but found no Brown Act violation in that there were no majorities of any elected body at the meeting. (Los Cerritos News,

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A&A: Private institutions, public funds and the CPRA

Q: If a private institution such as university or college receives public and private funding for research, can a member of the public get access to records that pertain only to publicly funded research? A: Generally speaking, private universities are not subject to the PRA.  The PRA applies to the public records of state or local agencies.  Under certain circumstances outlined in section 54952(c) of the Brown Act (incorporated into the PRA by section 6252

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Non-Profits Covered under Brown Act

Non-Profits Covered under Brown Act Q: This is to clarify whether or not our volunteer association, which takes care of a City Dog Park, is under the Brown Act. We were not created by any of the required methods spoken of in the Act (e.g. ordinance, formal action, charter, or resolution).  We saw a need, came together and the City liked the idea of not having to deal with the park. However, we have been

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Brown Act Primer: Access to Meetings

RESOURCES Access to Meetings Accessing Public Meetings: The Ralph M. Brown Act FAC Brown Act Primer Download FAC’s Brown Act Primer Table of Contents   California Brown Act Primer I. Introduction Note: This primer was created in 2006 The Ralph M. Brown Act (Government Code sections 54950-54963, referred to as the “Brown Act”) is intended to provide public access to meetings of California local government agencies. Its purpose is described in the Act: “The people

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Election of Novato mayor raises charges of open meeting violation

A divided Novato council elected a mayor bypassing a long standing tradition of elevating the pro tem mayor prompting her to challenge the election through accusations that the decision was made behind closed doors violating California’s Brown Act, the state’s open meeting law. -db Marin Independent Journal December 8, 2010 By Rob Rogers Under ordinary circumstances, Novato’s annual election for mayor is as regular as the tides — and about as exciting. On Tuesday, however,

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A&A: School Superintendent Goals: Public or Private?

Q: School Superintendent Goals: Public or Private? Under the Brown Act, does a school board have the obligation to disclose the goals they set for the district superintendent of schools? Similarly, do they have the obligation to disclose the evaluation criteria for the superintendent of schools? The evaluation criteria for teachers is in the public record, so why not the same for the superintendent? A: The Brown Act governs public access to meetings and provides

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A&A: I ask for transparency; they ask me to resign

Q: I have concerns that my school District has violated the Brown Act.  When the school board made our interim Superintendent a permanent Superintendent without any public input because it wasn’t properly agendized. I am also concerned that a committee I serve on has been deemed a closed door confidential meeting per the Brown Act. I am an unpaid, parent volunteer on the committee and one of several stakeholders (parents, community, retired teacher, district employees

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A&A: Does a Member of a Public Body Have a First Amendment Claim if He or She is Punished for Speaking Out?

Q: I serve as a director on a public body–a Board of Directors. A majority of that Board recently voted to punish me because I have publicly expressed, as an individual citizen, views contrary to the majority. They said that once the Board has decided something, I should be silent if I disagreed. Was this unlawful, and do I have any recourse? A: It is not clear from your inquiry whether you as a Director

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Sunnyvale: Family affair in school board race prompts concerns about open meeting violations

Three members from the Goldman family are running for the Fremont Union High School District board in a contest for three open seats as observers expressed some skepticism about whether, if all three are elected, they could successfully observe California’s open meeting law and avoid discussing school district business around the breakfast table. -db San Jose Mercury News Commentary August 29, 2010 By the Mercury News In this election, it’s the Goldman family vs. incumbents

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Accountability and openness in government under attack in Texas

An editorial in the Lubbock Avalanche-Journal defends the Texas Open Meetings Act currently under attack in Texas courts and the legislature -DB Lubbock Avalanche-Journal Editorial December 11, 2009 Foes of open government are trying to turn back the clock on transparency and accountability in a two-prong attack on the Texas Open Meetings Act. They should be thwarted at every turn both in the courts and in the Texas Legislature. We’ve consistently argued since the act

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A&A: Open Meeting Rules for Chamber of Commerce/ Non-Profits

Open Meeting Rules for Chamber of Commerce/ Non-Profits Q: Our chamber of commerce receives funding from the city offset costs associated with operating a visitors center in conjunction with the chamber office. Is the chamber subject to the same rules for request for information that the city is required to adhere to? Are there any commonly accepted procedures for holding elections for the chamber board? A: Typically, chambers of commerce fall in the category of

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No Supreme Court review of telecom immunity

The U.S. Supreme Court elected not to review a federal appeals court decision upholding a law blocking civil action against anyone providing assistance to federal intelligence agencies. The appeals court had dismissed lawsuits against telecoms whose cooperation, argued the government, was essential in the war on terrorism. -db From Reuters, October 9, 20012, by Terry Baynes and Jonathan Stempel. Full story    

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