Search Results for: 54952(b) standing ad hoc

The CPRA, the Brown Act and Retirement Trusts

The CPRA, the Brown Act and Retirement Trusts Q: An employee retirement trust is delegated the responsibility of providing and administering retiree health benefits by our school district.  The unions appoint four individuals, the district appoints four and it is unclear who appoints the two retirees on the board (10 board members total).  I filed PRAs last year, they responded to first one and then stopped responding.  I went to three public board meetings last

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A&A: Are Community Action Agencies Subject to the Brown Act?

Q: You would think that Community Action Agencies (nonprofit 501c3) would be subject to the Brown Act since they were created under the Economic Opportunity Act of 1964, are required to have one-third of their board made up of elected officials, and receive huge amounts of federal and state tax payer monies, etc. But a local newspaper here told us they are not. Can you settle this? A: A “legislative body” is subject to the Brown

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A&A: Does the Brown Act apply to city council appointed committees?

Q:  Does the Brown Act apply to city council appointed committees?  If it does, how is a city supposed to conduct the necessary extended deliberations critical to producing good decisions regarding (among other things) public services and expenditures of public funds? A: Whether the Brown Act’s meeting requirements apply to committees created by the city council depends on whether the particular committee may be defined as a “legislative body.” Under the Brown Act, a “legislative body”

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A&A: Does the Brown Act apply to volunteer fire company

Q: I am a member of a volunteer fire company and our tax status is a 501c4. Our tax return is part of the Public Records Act but is the rest of our records part of the same Act. We believe that we are not part of the Brown Act because we have none of our members on the Fire Dept. Board and visa versa. We are a separate entity formed by our group back

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A&A: Are city council subcommittees Brown Act-exempt?

Q: I am trying to get some skeleton data on a new crop of Brown Act-exempt City Council subcommittees. I requested the subcommittees’ mission statements, which I assumed were set out prior to commencement. Some have had four meetings thus far, and one as many as seven meetings. I have not received a response regarding the composition and purpose of the subcommittees with purported need to await an absent city manager’s writing up of, or coming

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A&A: Application of the Brown Act to Volunteer Fire Companies

Application of the Brown Act to Volunteer Fire Companies Q: I am a member of a volunteer fire company and our tax status is a 501c4. Our tax return is part of the Public Records Act, but are the rest of our records part of the same Act? We believe that we are not part of the Brown Act because none of our members are on the Fire Dept. Board or visa versa. We are

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A&A: Are school district “fact-finding” committee meetings public?

Q: One of the school districts I cover is considering closing a school. At first the superintendent announced they were closing a school at a board meeting, but after a huge amount of public uproar he backpedaled and said there would be public hearings before a decision is made. The district has set up a fact-finding committee to look at things like declining enrollment numbers in the area, fiscal impact and the impact on academic

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Non-Profits Covered under Brown Act

Non-Profits Covered under Brown Act Q: This is to clarify whether or not our volunteer association, which takes care of a City Dog Park, is under the Brown Act. We were not created by any of the required methods spoken of in the Act (e.g. ordinance, formal action, charter, or resolution).  We saw a need, came together and the City liked the idea of not having to deal with the park. However, we have been

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Public Funds and the CPRA

Public Funds and the CPRA Q: Are organizations that put on state fairs with public money subject to the CPRA, especially considering their authorization in law? A: There is authority for the proposition that agencies that are subject to the Brown Act are subject to the PRA, as well.  The definition of “local agency” under Government Code Section 6252 includes “nonprofit entities that are legislative bodies of a local agency pursuant to subdivisions (c) and

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A&A: Open Meeting Rules for Chamber of Commerce/ Non-Profits

Open Meeting Rules for Chamber of Commerce/ Non-Profits Q: Our chamber of commerce receives funding from the city offset costs associated with operating a visitors center in conjunction with the chamber office. Is the chamber subject to the same rules for request for information that the city is required to adhere to? Are there any commonly accepted procedures for holding elections for the chamber board? A: Typically, chambers of commerce fall in the category of

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A&A: Religious institutions and the Brown Act

Religious institutions and the Brown Act Q: I would like to find out if the Brown Act applies to Churches/Temples that are non profit or charitable institutions? Can the President of a board of directors have meetings with a few members of the board without taking minutes and without the full executive committee brought in to the “dinner” or meeting prior to a scheduled but closed meeting of the board? A: The Brown Act applies

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A&A: Private institutions, public funds and the CPRA

Q: If a private institution such as university or college receives public and private funding for research, can a member of the public get access to records that pertain only to publicly funded research? A: Generally speaking, private universities are not subject to the PRA.  The PRA applies to the public records of state or local agencies.  Under certain circumstances outlined in section 54952(c) of the Brown Act (incorporated into the PRA by section 6252

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A&A: Council-elect make decisions, but claim documents are not public

Q: I cover an unincorporated community that voted in June to incorporate. Voters approved incorporation and also elected a five-member council.  A committee has been formed to raise private funds to put on a celebration on mark the historic occasion. Two elected members of the city council-elect (who will not be sworn in until the day of the celelbration) serve on this committee. My questions: is this committee considered private? Am I entitled to the

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A&A: Is a Coordinating Committee exempt from the Brown Act?

Q: The elected Community Advisory Group, created under the Planning Department of my County, convenes a coordinating sub-committee to review the Advisory Group’s standing rules. The Coordinating Committee chairman does not follow Brown Act obligations (e.g. requirements for notice, agenda, etc.) because he maintains that the Committee is Ad Hoc. Is the Coordinating Committee subject to the stipulation of the Brown Act?  [su_button url=”https://firstamendmentcoalition.org/legal-hotline” target=”blank” style=”flat” background=”#3df60e” color=”#0b0707″ size=”5″ wide=”yes” center=”yes” radius=”0″ desc=”Click Here!” class=”div

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A&A: Did email exchange between committee members violate Brown Act?

Q: Last month our recently elected academic senate president announced to us, the Senate Executive Committee, privately, on campus, that he would be moving to New York and would not be teaching anymore at our college. He said we would have a meeting about his leaving as soon as he learned about what sick time he had left, etc. He didn’t know when it was he would be resigning. Over the course of the following

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A&A: Senior Center Boards and the Brown Act

Senior Center Boards and the Brown Act Q: There is a large senior center complex Are their Board of Directors’ meetings subject to the Brown Act? A: With respect to whether the  Board of Directors is subject to the Brown Act, your inquiry does not provide enough information.  The answer depends on whether it is a “legislative body” for the purposes of the Brown Act.  The Brown Act defines that term in Government Code section

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A&A: Advisory committee subject to Brown Act?

Advisory committee subject to Brown Act? Q: If the air quality district appoints an advisory committee to oversee an air toxics program that will go on for 2-3 years, and it has no members from the Board of Directors (only staff, public citizens), are their meetings subject to the Brown Act? If so, do all the notice, public comment rules apply? A: Assuming that the “advisory committee” were created by a “charter, ordinance, resolution or

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A&A: Mayor and University Official Meetings

Mayor and University Official Meetings Q: The mayors of four cities have formed a grouping of sorts and meet with the University chancellor & the director of the labs – this is not done in public — should it be done in public? A: Based on the circumstances you describe, I am unaware of any law that would require a meeting such as you describe to be public.  As you may know, California’s Brown Act

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A&A: Can A School District Bar The Public From School Closure Meetings?

Q: I am a parent of an elementary school student who is attending a public school being fast-tracked to close in 25 days. An important piece of this decison-making process is a report that is being written by a superintendent’s advisory committee. This committee has closed meetings and the school board allows this. I have asked for the public to be able to view the meetings, to observe, but this has been denied. The superintendent’s

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A&A: Is A Chamber of Commerce Subject to the Brown Act?

Q:  Is a Chamber of Commerce subject to the Brown Act? How can one find out if that act applies to this body or not? A:  Determining whether a particular body is subject to the Brown Act is not always simple. The Brown Act defines the term “legislative body” to include “a board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity” if that entity either: (A) is

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