Search Results for: 54952(c) nonprofit Brown – Page 2

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: 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: 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: When does a non-profit fall under the Brown Act?

Q: If a city establishes an Association and it is registered as a nonprofit under 501(c)(6) does that Association fall under the Brown Act? If the Association does receive monies from the City under an Assessment is the Association under the Brown Act? If the Association establishes a new organization and is registered as a 501(c)(3)to become eligible for grants does that organization fall under the Brown Act? If the Association gives money to the

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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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Private Homeowners Associations

Private Homeowners Associations Q: Does the Brown Act apply to private Homeowners Associations or only to local and state gov’t? I want to discuss dismissing a management company and I’m being kept from discussing their removal except in their presence at a Board meeting by other Board members. A: Under Government Code section 54952(c), the governing body of ahomeowners association would be subject to the Brown Act under either of two circumstances: 1.  The association

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A&A: Applicability of Brown Act to public charter schools

Applicability of Brown Act to public charter schools Q: Is the Board of a Public Charter School bound by the Brown Act? A: The answer to your question depends on whether the public charter school was “created by” an elected legislative body—or receives funds from a government agency and whose governing body includes a member of the legislative body—for the purposes of the Ralph M. Brown Open Meetings Act and is therefore subject to the

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

Which Meetings are Governed by the Brown Act? Bagley-Keen Act? Q: 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 program was approved by the California Department of Mental Health

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Charter schools and the CPRA

Charter schools and the CPRA Q: Are California Charter Schools considered a California State agency and subject to the California Public Records Act? A: We are not aware of any California court cases specifically addressing the Public Records Act as it relates to charter schools.  Under the Public Records Act, a public record includes “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or

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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: Closed door meetings benefitted labor union at cost of public tidelands

Q: After holding closed door negotiations with a public coalition that included the local union, the Port of San Diego announced  a hotel development deal that included a Project Labor Agreement with the union.  The development will be build on public tidelands, which sacrifices the Port Master Plan-designated parkland.  Were the extensive secret labor negotiations legal? A: There are two basic steps in determining whether a meeting is subject to the Brown Act. First, a

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A&A: Is the list of employees taking voluntary buyouts a public document?

Q: I am a reporter covering the public district hospital. I want to know if a list of 74 employees who accepted voluntary buyouts is a public document. I requested this list from the hospital’s PR person, and she said she would provide it only on condition that I promise not to publish the names. I probably won’t use more than a few names (for people I might quote), but if the document is public,

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

 Q: I am a reporter  working on a story about a recent dog shooting by a police officer although animal control officers say they had the situation under control.  Reports were filed by both Humane Society animal control officers on  the scene when the dog was tasered and shot by the officer.  I understand one of the reports clearly calls into question the necessity of the shooting, but my request for the documents was denied

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A&A: Does Brown Act apply to nonprofit and government agency overlap?

Q:  A nonprofit 501c3 foundation was set up to raise money for a public agency, incorporates the name of the agency into its name, uses the agency’s facilities and relies on the agency to act in the capacity of employer of its staff. Is it arguably a public agency, and as such subject to CPRA? A: The Public Records Act, borrowing the definition from the Brown Act, applies only to nonprofit organizations that either: Were

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A&A: Little League, Pop Warner, and open meeting laws

Little League, Pop Warner, and open meeting laws Q: Are non-profit youth sports organizations (like Pop Warner, Little League, etc.)  subject to the “open meetings” laws? If not, do you know what? A: As a general rule, open meeting laws, like the Brown Act, only apply to government agencies.  If Pop Warner and Little League are run by private entities, not governmental agencies, then the general rule would be that the open meetings laws would

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Charter Cities and the CPRA

Charter Cities and the CPRA Q: Our local taxpayers group is seeking public records from our City.  It is our contention that under Article 11 Section 5 of the CA Constitution, that the Charters of Charter Cities supercede the CPRA when it comes to what local records are available for view to the public. We believe that management of local public records are considered “Municipal Affaires” and with the exception of some criminal records, and

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A&A: The Brown Act and non-government youth organizations

The Brown Act and non-government youth organizations Q: I need to know if there are any acts, like the Brown or Public records acts, that govern youth sports leagues. My daughters play for a league that has closed meetings and meetings that nobody knows about. A: As a general rule, the Brown and Public Records Acts only apply to government agencies.  Since the name of the organization is Santa Maria Girls Softball, Inc., it sounds

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A&A: Writer denied access to coroner’s report on 1947 Black Dahlia case

Q: I am researching the ‘Black Dahlia’ murder in California in 1947. I have asked the LAPD for its file on this case, which has been refused under section 6254(f) of the CPRA. The FBI and DA have disclosed their files on the case (the FBI with heavy redactions).The LA County Coroner’s Office refuses to disclose the coroner’s report pursuant to a security request from LAPD. In 2012, the LAPD Museum held a ‘Black Dahlia’ exhibition

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