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Asked and Answered

Bagley-Keene Act Brown Act

Are Community College Faculty Senate meetings covered by the Brown Act?

[…] an individual told us she would challenge the matter. We made the amendments. The individual then actually went ahead and challenged the matter at a Faculty Senate open meeting. She also asked two senators to join her in opposition. No one from my program attended as the matter was very routine and we were […]

January 30, 2012
Asked and Answered

Brown Act

Closed door assessor appointment – possible Brown Act violation

I believe an individual was appointed County assessor unfairly through an exchange wherein the newly appointed assessor promised the supervisor board he would not run for mayor. I am seeking record of this agreement; I believe it could be in violation of the Brown Act, please advise.

April 21, 2016
Asked and Answered

CPRA

CPRA request on pension investments was denied for the “public good”

[…] the value of an investment if changes are telegraphed in advance. In addition, section 6254.26 provides specific protection to certain information about alternative investments, including due diligence materials of the public fund. SDCERA’s due diligence is ongoing, which includes the internals evaluations as to possible manager changes. SDCERA and its portfolio strategist, Lee Partridge, […]

May 16, 2012
Asked and Answered

CPRA

Agency Claims 90-Day Records Request Response Time

[…] 1993), (emphasis added). 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. No attorney-client relationship has been formed by way of this response.

February 14, 2018
Asked and Answered

CPRA

Can An Agency Charge Fees for Inspecting Public Records?

[…] inspect emails or get copies of emails based on Government Code section 6253.9(b)? Are they allowed to use rule of cost to construct a record, and the cost of programming and computer services necessary to produce a copy of the record, for the charging of emails either to inspect them or get copies of them?

February 26, 2018
Asked and Answered

Brown Act Newsgathering

Community Association claims parks are private; city says they’re public

[…] considered public by city officials, but the association says those parks are private. My question has to do with the Brown Act. If the community association, a public benefit nonprofit corporation, holds board meetings to discuss these public parks, are these meetings considered open meetings and subject to the Brown Act? Curious for an answer.

July 17, 2013
Asked and Answered

CPRA

Are the applications for state professional licenses public?

[…] 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. It seems from your inquiry […]

August 16, 2011
Asked and Answered

Brown Act CPRA First Amendment

Parent’s email complaint entered as a public comment by school site council

I am a member of our School Site Council. During a recent public comment period, our chairperson read aloud an email that contained a detailed complaint (disclosing the names of a staff member and the emailer’s child – neither of whom were present). Is it the case that we are obligated under the Brown […]

May 3, 2016
Asked and Answered

Brown Act First Amendment

Taping of public charter school meetings curtailed by corporate owners

[…] school board meetings. Currently two parents videotape the board meetings using handheld cameras. No disturbance is made. Tapes are not edited and are posted on a Facebook page that is open to all. At a recent board meeting, the CEO of the corporation that operates the public charter school announced that in the future the school will video-stream […]

October 13, 2014
Asked and Answered

Brown Act

Rules for noticing city council study session

[…] referred to as a workshop and there was no record of the meeting kept. Study sessions have audios and council meetings are televised. Additionally, there is a pdf that lists the "consensus" of the council regarding chartering our general law city. My question is, can a city post one meeting and then switch to […]

April 16, 2013