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Asked and Answered

Bagley-Keene Act Brown Act

Bagley-Keene Act application not as broad as Brown Act

[…] articulated by state managers are ’off the record," may not be repeated, or are somehow protected speech. Are these "advocacy coalition meetings" considered ’open’ under either the Brown or Bagley-Keene acts? Can information and/or statements made by state managers or analysts during these meetings be legally used or discussed by advocacy organizations in their […]

July 19, 2012
Asked and Answered

Brown Act CPRA School Records

Charter schools and the CPRA

[…] approved from past meetings. It has now been more than two weeks and I do not have the minutes, and they have not been added to the website. I would like to know if an attorney could write a letter for me to remind the school to publish these public documents and comply with the law.

July 26, 2013
Asked and Answered

Brown Act First Amendment

Slideshow presentation during public comment at school board meeting

[…] a substantial burden in justifying any content-based restrictions on speech of members of the public during the public comment portion of the meeting. Any limitations on content must be shown to be necessary to serve a compelling state interest, and must be narrowly tailored to achieve that goal. See, e.g., Leventhal v. Vista Unified […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Regional Centers and the CPRA

Are the roughly 21 private non-profit corporations known as Regional Centers (effectively created by the Lanterman Act) that operate under contract with the Department of Development Services, subject to the Brown Act, and thus, to the CPRA?

June 14, 2009
Asked and Answered

Brown Act

How can I stop city from violating Brown Act during budget meetings?

[…] is divided into department sections. The Mayor prohibits public comment by department, instead he only permits public comment at the end of each day's meetings, and then the public is limited to three minutes. I believe this is a Brown Act violation because each department should be considered a separate agenda item. Am I correct.

November 14, 2014
Asked and Answered

Brown Act

Teacher terminated after closed session

[…] weekend our son's 4th grade teacher was fired from her "at will" employment at a local charter school. The board held a Regular Meeting and decided "immediate action" had to be taken. The teacher did not receive 24 hours notice about the meeting but was asked if she wanted to speak for five minutes […]

October 20, 2011
Asked and Answered

Brown Act

Grounds for Cease & Desist under the Brown Act

Last June, my local City Council approved a $120,000 contract to a lobbying firm to work on a pending piece of legislation. The approval was in closed session and labeled as "Pending Litigation." Under the Brown Act, do I have legal grounds to pursue a Cease & Desist order?

March 31, 2016
Asked and Answered

Brown Act

Brown Act Rules for Non-Profits

As a public non profit corporation that’s primary purpose is to support the public elementary school are we required to comply with the Brown Act? Does having the Principal of the school on the executive board have any bearing on complying with the Brown Act?

June 14, 2009
Asked and Answered

CPRA

Access to rezoning information

You first asked what the public's rights are with respect to information, such as how the committee was formed. There is no law that requires government agencies to respond to questions made of them by members of the public. Therefore, an agency such as the school district does not necessarily need to respond to […]

June 14, 2009
Asked and Answered

Brown Act First Amendment

Arrested for making public comments that “disturbed” council meeting

[…] "limited public forums," or areas that traditionally have not been made open to the public, but have become public forums for at least some purposes because the government body that regulates a particular area has made it available for use by the public. The same high standard that applies to public forums -- the […]

October 21, 2010