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Search Results for: 54952(c) nonprofit Brown

California earns C- for government transparency and accountability

donal brown November 10, 2015

The bad news is that California state government received a C- for transparency and accountability in a 2015 study from the The Center for Public Integrity and Global Integrity. There is no good news; the highest grade in the country was a C. (The Center for Public Integrity, November 9, 2015, by Nicholas Kusnetz) California earned Fs in public access to information and judicial accountability and a D+ in state civil service management. It earned

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Republican House majority benches C-SPAN during sit-in over gun legislation

donal brown June 23, 2016

House Republicans turned off the feed to C-SPAN to block the public from direct access to the Democrat’s sit-in over gun legislation. The action obscured the public’s view of words and actions by House members on a crucial issues now under consideration.” Shutting off the cameras sends a terrible message to other countries with new, struggling democracies that you cannot trust your people to evaluate the actions of their government. Instead, it shows that even

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Public Funds and the CPRA

firstamendment June 13, 2009

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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Justice Department refuses to declassify opinion on legality of warrantless surveillance

donal brown August 29, 2011

The Justice Department has refused to declassify a 2001 opinion written by John C. Yoo on the Bush administration’s warrantless surveillance program. Critics of the program want to obtain the entire 21-page opinion to make sure misguided legal opinions do not live on to guide government policy. -db From Secrecy News, August 26, 2011. by Steven Aftergood. Full story

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

firstamendment June 13, 2009

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: Application of the Brown Act to Volunteer Fire Companies

firstamendment June 13, 2009

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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Non-Profits Covered under Brown Act

firstamendment June 13, 2009

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

firstamendment June 13, 2009

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: Charter schools and public oversight

firstamendment June 14, 2009

Q: I have reason and documentation to believe that the charter school my children attend has not been properly permitted and fire codes have been violated. The Governing Board falls under the Brown Act as a California Nonprofit Public Benefit Corporation. Can I request and receive copies of permits from the school for the portable classrooms on campus? Because one of the Board members is affiliated with the City Office I was told I couldn’t

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A&A: CA Public Benefit Corporations and the CPRA

firstamendment June 14, 2009

Q: We are a very small group of residents are concerned about a community plan, which is in process of being amended, and the revised EIR that will be coming out soon that could bring a potential of overwhelming development to our area. We’ve been working on the growth issue for two years now and have just recently organized as a non-profit (CA Public Benefit Corp) and filed under IRS 501(c)(3) to obtain a Determination

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

FAC October 21, 2010

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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Regional Centers and the CPRA

firstamendment June 13, 2009

Regional Centers and the CPRA Q: Are the roughly 21 private non-profit corporations known as Regional Centers (effectively created by the Lanterman Act)  that operate under contract with the Department of Development Services, subject to the Brown Act, and thus, to the CPRA? A: The mere fact that a nonprofit is created by state action or contracts with a state agency would not subject it to the requirements of the CPRA.  As you suggest in

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AG Opinion #01_401_02

firstamendment June 13, 2009

OPINION of BILL LOCKYER, Attorney General; MARJORIE E. COX, Deputy Attorney General No. 01-401 Office of the Attorney General of the State of California Filed March 14, 2002 THE HONORABLE TONY STRICKLAND, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following questions: Do the open meeting requirements of the Ralph M. Brown Act apply to the meetings of the governing board of a private, nonprofit corporation formed for the purpose of providing

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

firstamendment June 13, 2009

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

firstamendment June 13, 2009

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: County Bar Association and the CPRA and Brown Act

firstamendment June 14, 2009

Q: I am reading the Attorney General opinion concerning the private cable company that must comply with open meeting and records requests — would this apply to a local County Bar Association which has been delegated certain county functions.  It would seem to me that it would; but they are taking a very aggressive stance with me as I try to ask these questions. A: It sounds like you are talking about the 2002 AG

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A&A: Governing Boards with Public Funds

firstamendment June 13, 2009

Governing Boards with Public Funds Q: I would like to know if governing Boards for co-ops that use public funds fall into the jurisdiction of the Brown Act or the Bagley-Keen open meeting act?  If so how the Brown Act applies to these governing bodies? A: The California Brown Act generally requires “legislative bodies” of “local agencies” (for example, cities, counties, and school districts) to hold their meetings open to the public unless a specific

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

FAC August 15, 2015

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: Senior Center Boards and the Brown Act

firstamendment June 13, 2009

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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