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Asked and Answered

Brown Act

The public is severely limited in county meeting participation during the COVID-19 pandemic. Is this a Brown Act violation?

I am writing on behalf of many people in my community who believe that county government is violating the COVID-19 shelter-in-place directives of California Gov. Newsom and the local county Health officer, and the intent of the Brown Act. We seek any help, resources, or pressure you can provide to remedy the problem, as […]

July 23, 2020
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
Asked and Answered

Brown Act First Amendment

Video Tapes, Free Speech, and the Brown Act

To comply with the Brown Act, our City Council has separate Oral Communication periods; there are periods for Agenda Items, and Non-Agenda City Business. In our past election cycle during the 2-minute Non-Agenda Item Orals a video tape of a candidate was played. Video tapes are allowed to be used by speakers. The City […]

June 14, 2009
Asked and Answered

Brown Act

Does Brown Act Allow Adding Agenda Items Less Than 72-Hours Before A Meeting?

[…] has a closed session heading listed at the end of the meeting — but the council doesn't meet in closed session; it's like a placeholder. On its action calendar, the council was scheduled to discuss and appoint a new interim city attorney. Three hours before the 7 p.m. meeting, the city clerk sent out […]

May 19, 2020
Asked and Answered

Brown Act CPRA School Records

Are School Board Committee Meetings Subject to the Brown Act?

[…] me unqualified under their recently changed bylaws (amended after the application deadline). I requested to attend Election Committee meetings, and was told they are not subject to Brown Act. I submitted a PRA for all minutes and communications from Election Committee meetings, and was told there were not records responsive to my request. I […]

February 6, 2018
Asked and Answered

Brown Act

Closed sessions to“items discussed not falling within their jurisdiction”

I am a student at community college. After a board meeting of the Associated Students was adjourned, the president of the board asked all non-board members to leave the room so that the assembled quorum could talk about "items not falling within their jurisdiction." Was this a violation of the Brown Act?

June 14, 2009
Asked and Answered

Brown Act First Amendment

Is limiting a school board trustee’s comments legal?

[…] "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 […]

March 27, 2010
Posts

Assembly approves constitutional amendment to protect CPRA, Brown Act

[…] shortfall, the CNPA Legislative Journal reported today: Senator Mark Leno the legislature's action "allows California voters to debate the importance of strengthening the state's most critical open- government laws by requiring compliance in the Constitution." He added, "The state should not have to provide a fiscal incentive to local governments so that they comply […]
July 1, 2013
Asked and Answered

Brown Act

Which Meetings are Governed by the Brown Act? Bagley-Keen Act?

Are relevant portions of the following meetings governed by the Brown Act (or the Bagley-Keen Act)?: The board meetings of a nonprofit that a County Dept of Mental Health has contracted with to run a program which has been fully developed by the County Mental Health Department, when that board discusses such program? The […]

June 14, 2009
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