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Asked and Answered

Brown Act

Rights of Public Comment

[…] method, the opinions of the members of the public in these groups, may or may not be presented after the small groups have met. The other is comment cards which are known only to the developer and staff. The ability of the public to present their opinions at a microphone is not allowed. There […]

June 14, 2009
Asked and Answered

Brown Act

Brown Act Requirements and Prohibitions in Relation to Community College Governments

This question relates to the Brown Act, which, pursuant to an Attorney General Opinion, applies to community college student governments. Recently, the student designated to post the notice of our student senate (our legislative body) meeting failed, because of illness, to post it by 3 p.m. Sunday for a meeting the following Wednesday at […]

June 14, 2009
Asked and Answered

Brown Act

Public comment vs. speaking on agenda item

I sit on a local municipal advisory committee and some time ago we added a standing item to our agendas entitled "Committee Reports" so that council members who sit on these committees or work groups can report out. There are four such reports listed at the end of our agenda. At the beginning of […]

September 27, 2011
Asked and Answered

First Amendment

Can police remove lawn sign protesting police brutality?

I have been retaliated against for complaining about a police officer beating and raping me. Many crimes were committed by cops in the cover-up, but I have been completely silenced. I put up a sign in my front yard and got an instant response by police. I need to know if they have any […]

March 27, 2010
Asked and Answered

CPRA

CA Public Benefit Corporations and the CPRA

We are a very small group of residents are concerned about a community plan, which is in process of being amended, and the revised EIR that will be coming out soon that could bring a potential of overwhelming development to our area. We've been working on the growth issue for two years now and […]

June 14, 2009
Asked and Answered

Brown Act CPRA First Amendment

Mayor up for reelection wants to stifle public comment on candidates

[…] of anyone who is speaking to a ballot initiative or on a candidate. Recently the mayor discussed the changes she’s proposing in an interview with a local newspaper and mentioned email communication with the city attorney aimed at creating a city policy that disallows speakers on non agenda items from topics of ballot initiative […]

August 30, 2010
Asked and Answered

Brown Act

Brown Act violations in closed session real-property negotiations

[…] to know how to use the "Cure and Correct" action to cause the Council to have to invalidate the property sale. I am not sure if an open session vote to proceed with the property sale can be invalidated with a "Cure and Correct" letter due to incorrect closed session procedure. If so, how […]

September 8, 2016
Asked and Answered

Brown Act

How much detail does the Brown Act require for agenda items?

[…] been deprived of an opportunity to observe and comment on the deliberations. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition 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.

June 8, 2012
Asked and Answered

Brown Act First Amendment

Can the city manager demand political cartoons removed from senior center?

Recently the city manager sent an e-mail to the president of the senior center regarding complaints his office had received about the local newspaper’s political cartoons being posted on the wall inside the senior center. While the senior center is owned by the city, a local nonprofit pays rent on the building, maintains it […]

November 18, 2011
Asked and Answered

First Amendment

Are law enforcement officers exempt from having their court proceedings made public?

[…] and quotations omitted). "It is…well-established that the right of access to public records and proceedings is ‘necessary to the enjoyment’ of the right to free speech." Courthouse News Serv. v. Planet, 750 F.3d 776, 786 (9th Cir. 2014). However, when disclosure is sought of certain types of peace officers records, including records pertaining to […]

September 15, 2016