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Asked and Answered

Brown Act CPRA

Redevelopment Agency becomes “private corporation” not covered by Brown Act?

[…] private, non-profit corporation in an effort to replace the city's soon-to-be defunct redevelopment agency. The CEO is an Asst. City Manager and the Board of Directors are comprised of former city council members and other on various city commissions, etc. Plus, the RCDC uses city planning and other staff for its meetings,etc. Citizens have […]

May 2, 2013
Asked and Answered

Brown Act

Brown Act Rules About Late Night Meeting

[…] few moments later. Everybody had gone home by then. The Council voted to spend a million dollars on a house. This topic had never been discussed in open session. My question is, was this meeting legal? My theory is that it did not start until the day after it was scheduled. Further, the city […]

April 9, 2018
Asked and Answered

CPRA

Can City withhold information until it tells City Council members?

[…] the public can request and access records. First, a requester can request to inspect records in person by invoking Government Code § 6253(a), which provides, "ublic records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, […]

August 29, 2016
Asked and Answered

CPRA

CPRA request denied for city employee’s college grades

[…] exert public pressure on the clerk to authorize the release of her academic records. 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.

June 7, 2013
Asked and Answered

Brown Act

Reporting closed sessions decisions

[…] had reached a decision that "involves litigation," but he did not discuss the details. No decision was announced after that city council meeting. I assumed that would mean an announcement would come at the next city council meeting following closed session. Again, this did not happen. What are the rulings of reporting closed session decisions?

June 5, 2010
Asked and Answered

Brown Act

Does Brown Act allow School District, City to negotiate millions in fees in closed session?

Our Unified School District has negotiated over $30 million in developer fees since 2005 during closed session that should otherwise be discussed in open session. In reviewing the Brown Act, it appears only property negotiations--such as terms and price for the purchase and sale--are subject to closed session. My question is can the school district […]

November 25, 2015
Asked and Answered

First Amendment

What are the rules regarding free speech and highway signage?

[…] in question are not Freeways that are landscaped. Interesting enough, those who are on the opposite side of the argument display signs up and down, state highways and and I-5 in the Central Valley, but Caltrans does not enforce the law regarding the placement of their signs. Do we have a free speech case here?

October 17, 2013
Asked and Answered

CPRA

Animal shelter won’t disclose contact info on local cat trapper

[…] the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics," Gov't Code § 6252(e) — are presumed to be open to the public and must be disclosed unless a specific provision of the Act or other law exempts them from disclosure. Information "relating to the conduct […]

June 15, 2016
Asked and Answered

Brown Act

Public Comment Limits Don’t Allow Time To Make Case

California’s open meeting law, known as the Brown Act, requires that "very agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body’s consideration of the item, that is within the subject […]

May 29, 2010
Asked and Answered

Brown Act

Brown Act Compliance for Faculty Members Digitally Attending Academic Senate Meetings

Our Community College covers a broad service area—including several communities and military posts. We post agendas in all locations (locked, glass front display cases) where the agenda can be access at all times, 72 hours or more in advance. We use roll call to identify all attendees, and roll call to identify all votes, […]

May 15, 2018