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Asked and Answered

Brown Act

Advisory committees and the Brown Act

[…] graduation requirement, with no prior parent notification or input. An advisory committee comprised of 30 teachers and district administrators reviewed graduation requirements and compiled a report and recommendation to the Board. Since no community members or parents were included on the committee, or notified of its existence, was this a violation of the Brown Act?

June 14, 2009
Asked and Answered

Brown Act

How Do I Address Agency’s Failure to Honor Brown Act Meeting Notification Deadlines?

[…] of the time and location change for their next meeting. This commission is notorious for posting meeting agendas at the last minute and scheduling meetings that are not convenient for residents to attend. Is the airport commission in violation of the Brown Act since they provided only 25-hour notice to change meeting location and time?

September 26, 2021
Asked and Answered

Brown Act

How Can I Overturn A Decision Made By City Council Without Notifying Residents?

[…] lawsuit to contest or enjoin ongoing or future actions in alleged violation of the Brown Act; and (3) A lawsuit to void an action taken by a government entity in alleged violation of the Brown Act. With respect to option 1, persons alleging a past violation of the Brown Act and seeking to bar […]

January 16, 2020
Asked and Answered

Brown Act

Is public college “executive board” subject to Brown Act?

[…] seven or so members (including the president, vice president, etc.) of the Academic Senate. The Executive Board meets regularly and the Academic Senate bylaws state the meeting must be open to the public. The overall consensus of the Executive Board is that the meeting should be open to the public. (This issue was brought […]

May 22, 2013
Asked and Answered

Brown Act First Amendment

Bundling agenda action items silences public input

I would like to question the legality of a new practice our school board school board to "bundle" regular action items on the agenda. At the only regular board meeting of August 2010, after approving the consent calendar, the board approved the regular agenda items as presented. Their own by-laws state an agenda item […]

September 17, 2010
Asked and Answered

Brown Act CPRA

The mayor refused to let me make a public comment without identifying myself

Before filing a Brown Act violation against the mayor for denying me the opportunity to speakon an item before the city council because I refused to identify myself before making a public comment. I would like to get an opinion from your organization on my complaint and the city's response.

August 26, 2010
Asked and Answered

Brown Act

Council took action on a for-discussion-only agenda item

[…] The "summary recommendation" was that the city council "receive and file this report. " However, without any public notice, the City Council took action. I know the Brown Act requires items on which Council acts to be on the agenda in advance, unless there is an emergency or need for immediate action wasn't realized […]

December 6, 2010
Asked and Answered

Brown Act CPRA

Emails and the Public Record and Brown Act

A member of a public board has been carrying on an email conversation with me about matters before the board, copying all the other members of the board on his messages to me. Is this email thread (1) a public record, and (2) a violation of the Brown Act?

June 14, 2009
Asked and Answered

Brown Act

Appointing board members and the Brown Act

[…] ("Brown Act") open meeting provisions. However, even if it is subject to the Brown Act, the Brown Act does not address the organization or composition of legislative bodies nor does it address the election/nomination of its members, and I am not aware of any other California statutes that might apply. Such organizational issues are […]

June 14, 2009
Asked and Answered

CPRA

Does the CPRA cover private entities that do work for government?

[…] from these departments are often excluded from public view due to the exemption.) 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.

March 6, 2014