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  • Asked and Answered

    Brown Act

    Minutes and closed sessions

    […] 54956.9 states that a legislative body may hold a closed session "to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the local agency in the litigation."ย  Nothing in that section suggests that the attorney must be there […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Community College Senates, the Brown Act, and Secret Ballots

    I am a member of a College Academic Senate, a body of 15 elected faculty members representing the faculty at large and governed by open meeting regulations, including the Brown Act.ย The Senate violated the Brown Act by conducting a secret ballot and a group of faculty brought a petition for a referendum vote by […]

    June 14, 2009

  • Asked and Answered

    First Amendment

    Can airing a copyrighted news clip for critiquing constitute โ€œfair useโ€?

    I am one of the producers of a Cable Access TV program and I want to know if we can show a news clip from a local broadcast station on our program in order to critique it.ย  Is this a copyright violation or our first amendment right to point out their unfair reporting?ย  Basically, […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Bring your own copier?

    The PRA does not address the issue you raise, but that given the right of access (vs. copies) to public records, it would make sense that people could make their own copies at the agency in the course of examining records from the agency's files.

    June 14, 2009

  • Asked and Answered

    CPRA Newsgathering

    Autopsy records of a public official

    I am news producer at a television station. One of our city councilmen, recently died. Under the public records act, the county medical examiner released their autopsy report, which indicated alcoholic hepatitis. However, the medical examiner is refusing to release the clinical tests which were done to determine whether they had VIRAL hepatitis (i.e. […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Applicability of Brown Act to public charter schools

    […] requirements.As to whether the public charter school was "created by" an elected legislative body, this can be more difficult to determine.ย  California case law indicates that, for example, if a city creates a special local assessment district, collects assessments from local property owners, and provides by ordinance that the programs paid for with those […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Ad hoc committees under the Brown Act

    […] up being propaganda machines or special interest mechanisms. My question is at what political or length of time threshold (economic revitalization seems like a non-temporary issue to me) is an issue no longer a candidate for ad hoc committees, but for regular "standing" subcommittees that the public can attend? Is there a law about this?

    June 14, 2009

  • Asked and Answered

    CPRA

    Are school district’s attorney fees public records?

    […] record afterย deletion of the portions that are exempted by law." Govt. Code ยง 6253. 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 information regarding open government and speech issues but cannot provide specific legal advice or representation.

    April 15, 2015

  • Asked and Answered

    CPRA

    Personal privacy exemption for public college dean

    […] plaintiff who prevails in litigation filed pursuant to the Act. Gov't Code ยง 6259(d). 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 information regarding open government and speech issues but cannot provide specific legal advice or representation.

    October 17, 2013