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    Showing results for government bodies must comply brown act 54951 act90 54951 act 54951 act90 54951 54951 54951

  • Asked and Answered

    First Amendment

    Law unclear on collecting signatures on private property in California

    […] the scope of what we can provide through this service. Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition 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 24, 2011

  • Asked and Answered

    Brown Act

    Agenda item questions

    […] items labeled "discussion" be voted upon as action items? Does "other administrative items," and "other administrative items, including delegation of tasks" adequately describe taking action on appointing an already appointed established committee as a subcommittee to this group? What is a definition of a "brief description" of an item as required by the Brown Act?

    June 14, 2009

  • Asked and Answered

    CPRA

    How can we make CSU produce public records withheld without explanation?

    We are seeking assistance to obtain public records (under the Public Records Act and McKee Transparency Act) that have not been produced. Over the past 36 months, University Counsel at a California State University has consistently failed to fulfill their obligations under the California Public Records Act and McKee Transparency Act. While they have produced […]

    October 7, 2015

  • Asked and Answered

    Brown Act

    Public notice and disclosure of existing litigation

    Our school district has a closed agenda item with the following sentence. Is this allowed?A) EXISTING LITIGATION(Subdivision (a) of Section 54956.9)Pursuant to Government Code Section 54956.9(a) the Board will confer with legal counsel concerning existing litigation; disclosure of the case name might jeopardize current settlement negotiations.How can the public comment on a case without […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Can the Deliberative Process Privilege be used to avoid answering a deposition?

    […] as I am aware, there has not been any new case law concerning the deliberative process privilege. The "deliberative process privilege," is a court-created exemption derived from Government Code § 6254(a) (exempting preliminary drafts, notes and memoranda) and Government Code § 6255 (the so-called "catch-all exemption"), which is intended to protect the government’s decision […]

    April 22, 2017

  • Asked and Answered

    CPRA

    Email Correspondence Records

    […] from the servers after 90 days.  Only records saved by the employee are kept in a privately maintained ".pst" file on the employees hard drive.  How long must the city maintain email records, especially elected officials who discuss employee or departmental actions, concerns or opinions?   I know the Mayor criticized my actions as an […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Selling property and public input

    Government Code section 54956.8 permits a legislative body to meet in closed session to advise its negotiator concerning the "price" and "terms of payment" in connection with the purchase, sale, lease or exchange of property by or for the agency. A California appellate court stated that the purpose for the exception arises out […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Private attorney costs to public agencies and attorney-client privilege

    […] information in the retainer, it appears to have been a violation of the Public Record Act to not disclose the amount of the retainer agreement.  See Cal. Government Code section 54957.5(a) (records provided to a Board of Supervisors or other legislative body in preparation for a public meeting are public records that must be […]

    June 14, 2009

  • Latest News

    Blog

    US releases to FAC new legal memo on 2010 killing of Anwar al-Awlaki. Here’s our analysis.

    […] earlier opportunity to target Awlaki. The February 19 memo focuses on the key issues posed by the planned strike: Awlaki’s rights, as a citizen, and limitations on government power (if any) that derive from those rights. The July 10 memo covers that territory too, but is devoted mainly to an analysis of potential constraints […]

    August 15, 2014

  • Latest News

    Blog

    Real outrage is that surveillance of AP reporters’ phone calls was probably legal

    […] the source of AP's leak before resorting to the AP subpoenas --including, for example, obtaining the same metadata for the office, home and cell phones of all government officials who had access to the classified information leaked to AP's reporters. Also, did the Justice Department obtain specific judicial authorization to subpoena the AP's phone […]

    May 20, 2013