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Asked and Answered

Brown Act

County Supervisors’ Invitation-Only Meeting

I am a reporter for a small, local newspaper, and have little understanding of the intricacies of the Brown Act. Last Thursday, one of the county supervisors held an invitation-only meeting about a local hot-button topic; the meeting was attended by a sheriff's deputy, a few "chosen" members of the Chamber of Commerce, and […]

June 14, 2009
Asked and Answered

CPRA

County Bids and Contracts, Public Record

[…] agency in question is a court. The Public Records Act applies to state agencies, which it defines as "every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution." Govt. […]

June 14, 2009
Asked and Answered

Brown Act

Convening in closed sessions

[…] in the site visit, which will be outside our District boundaries. We want to fully investigate the performance of our finalist with face-to-face interviews with co-workers, parents, community members, etc. We fully intend to post an agenda once we determine who our finalist will be. Can we convene a closed session? Do you have […]

June 14, 2009
Asked and Answered

First Amendment

Comments on blog journals

I have been served with a restraining order for comments that I posted to a website. The plaintiff's justification is that I have engaged in a course of action against her. Nowhere in the posts is her name mentioned specifically, I make no specific plans to do her physical harm, but make it very […]

June 14, 2009
Asked and Answered

Brown Act

Closed Sessions, Settlements, and Lack of Discussion/Public Comment

[…] session to discuss ongoing litigation against the city by outdoor advertising companies challenging the city's program of surveying and inspecting billboards and other off-site advertising signs. In open session following that meeting, the council adopted without discussion a settlement agreement that made changes in city codes regarding inspection fees, the number and types of […]

June 14, 2009
Asked and Answered

Brown Act

Closed Sessions under the Brown Act

The Brown Act recognizes a number of distinct occasions when closed sessions are lawful, but the bodies must provide some information about the general nature of the closed session discussion in advance. The Brown Act authorizes a closed session to discuss the appointment, employment, evaluation of performance, or dismissal of a public employee. In each […]

June 14, 2009
Asked and Answered

Court Records

Civil Harassment Restraining Order Filings; Non-Internet Accessible

The County Superior Court maintains an " Open Access" internet database system for access to court records and filings, including dockets in all civil and criminal cases and downloads of all filed and imaged pleadings and other filed documents in civil cases -- with one exception. All dockets and imaged documents are publicly inaccessible […]

June 14, 2009
Asked and Answered

Brown Act

City Council names building without notice

[…] next council meeting an item was put on the council agenda to discuss adopting a policy and/or procedure for naming of public buildings. The mayor appointed a committee to address the policy/procedure. However, he refused to do anything about the previous meeting's action. Since the issue of naming a public building was not on […]

June 14, 2009
Asked and Answered

Brown Act

Can settlements be negotiated in closed session if no pending litigation exists?

[…] provision of the Brown Act that permits closed sessions relating to litigation is not strictly limited to "pending litigation." The provision to which you refer is an example. Government Code section 54956.9 states, in part, as follows: "Nothing in this chapter shall be construed to prevent a legislative body of a local agency, based […]

June 14, 2009
Asked and Answered

Brown Act

Brown Act and Homeowners Associations

[…] is non-profit California Corporation and my wife last night tried to videotape a meeting that I could not make, and security told her to stop and she complied. It is my understanding that the Brown Act applies to HOA's from this site, I believe. Is this true, did the HOA do something illegal last […]

June 14, 2009