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  • Asked and Answered

    Brown Act

    Charter board meetings flout Brown Act rules

    […] the presiding officer of the legislative body, or by a majority of the members of the legislative body, but only upon 24 hours notice to each local newspaper of general circulation, radio station or television station that has, in writing, requested notice.Gov't Code ยง 54956. Additionally, the call and notice must be posted at […]

    June 8, 2011

  • Asked and Answered

    Brown Act

    What are the rules rescheduling a regular board meeting?

    […] body, the time and place for holding regular meetings."Gov't Code ยง 54954. Changing the time or place for holding regular meetings would seem to require adopting a new ordinance, resolution, bylaw, or "whatever other rule is required for the conduct of business by that body." As this language indicates, the Brown Act itself does […]

    July 29, 2011

  • Asked and Answered

    First Amendment

    Rights threatened by trade associations for voicing opposition to bill they favor

    […] member from indicating her membership in the organization. ย Again, this is a very fact specific analysis, but indeed, there would seem to be someย very serious First Amendment questions at issue. You might want to write to the board president, with a cc to the other association, clarifying that you understand that you are not […]

    November 11, 2013

  • Asked and Answered

    Brown Act

    Does the Brown Act apply when board members attend a Town Hall meeting?

    At a recent Town Hall meeting, water rates were discussed. A majority of directors of the water district were in attendance to answer any questions. They did not notice this meeting. Items were discussed that they will vote on. Is this a Brown Act violation?

    December 29, 2011

  • Asked and Answered

    Brown Act CPRA

    Water agency contractors’ calculations “trade secret”?

    […] not confirm that that methods used are accurate; and just as usefully no rate payers or voters who will be on the hook for a billion in new bonds will be able to run sensitivity analysis to assess potential alternatives to the proposed program and expenditures. This seems especially inappropriate in times of public […]

    January 16, 2012

  • Asked and Answered

    CPRA

    How do I challenge the results of a public records act request?

    […] pertaining to enrollment statistics for a subset of their total population. We have reason so believe that the information they have provided is inaccurate. One indicator, for example, is that they have provided wildly varying data depending upon the forum in which they are presenting the data. Is there a way to challenge what […]

    February 10, 2017

  • Asked and Answered

    CPRA

    Does Brown Act apply to nonprofit and government agency overlap?

    […] cannot say that the arrangement you describe comports with the law in other respects -- such as the propriety of staffing a non-profit with public employees. Those questions of law are beyond the areas of expertise offered through this hotline. However, if there is such an integration of functions, then it seems the public […]

    May 30, 2013

  • Asked and Answered

    Newsgathering

    How do I protect rape victims in my reporting?

    I've recently been confronted with how terrible journalistic protocol is around telling the stories of rape and assault survivors. The nature of the crimes committed against them mean that they're often uncorroborated or unwitnessed and the hostile environment of the internet means that victims who come forward at all are hounded. Is there a […]

    February 11, 2017

  • Asked and Answered

    First Amendment

    Threatened with Libel Suit for Email I Wrote Discussing Candidates

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

    February 16, 2018

  • Asked and Answered

    CPRA

    Required to pay research fee for building permit search

    […] beyond our limited expertise in freedom of speech and freedom of information. I am sorry that we will not be able to help you with that particular questions. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general […]

    March 5, 2012