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Asked and Answered

Brown Act

Public Funds and the CPRA

[…] under Government Code Section 6252 includes "nonprofit entities that are legislative bodies of a local agency pursuant to subdivisions (c) and (d) of Section 54952 ." Section 54952(c) defines "legislative body" to include " board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that (A) is […]

June 14, 2009
Asked and Answered

Brown Act

Homeowners Associations Prohibition on Videotaping

[…] the association maintains the many streets that services the 126 member individual single resident homes that comprises our community. I also know that the association is a nonprofit mutual benefit corporation organized under the Nonprofit Mutual Benefit Corporation Law. Is our association subject to the Brown Act? And independent of the Brown act, is […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Can we compel our non-profit hospital to share financial information with the community?

[…] some of that board's governmental duties, or if they share a director with a covered board and receive public money from that same board. Govt. Code section 54952(c). Aside from that, there are no other state laws that I am aware of that focus on openness of these organizations' records. Corporations Code sections 5914-5925, and the […]

October 21, 2013
Asked and Answered

Brown Act CPRA

The Brown Act and non-government youth organizations

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.

June 14, 2009
Asked and Answered

Brown Act

When is a non-profit board subject to the Brown Act?

[…] twice dismissed me from the Board room while they conducted official business in my absence. (I am the only Board member not appointed by the parent company, and I oppose some of their plans). The parent organization states this is legal, and also that they are not subject to the Brown Act. Is this true?

May 3, 2013
Asked and Answered

Brown Act CPRA

County Bar Association and the CPRA and Brown Act

[…] body of the local agency appointed to that governing body as a full voting member by the legislative body of the local agency. Cal. Govt. Code Section 54952(c)(1). The PRA explicitly provides that "nonprofit entities that are legislative bodies of a local agency" pursuant to Section 54952(c) are "local agencies" subject to the PRA. […]

June 14, 2009
Asked and Answered

Brown Act Newsgathering

Community Association claims parks are private; city says they’re public

[…] considered public by city officials, but the association says those parks are private. My question has to do with the Brown Act. If the community association, a public benefit nonprofit corporation, holds board meetings to discuss these public parks, are these meetings considered open meetings and subject to the Brown Act? Curious for an answer.

July 17, 2013
Asked and Answered

CPRA

Does Brown Act apply to nonprofit and government agency overlap?

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?

May 30, 2013
Asked and Answered

Brown Act School Records

State Agency I worked for is denying my records’ request, but documents do exist!

[…] functions, or receive funds from a local agency and has a member appointed by the local agency. The applicable provision of the law is Government Code section 54952(c), which is actually part of the Brown Act, but which is incorporated into the Public Records Act by Govt. Code section 6252(b). Section 54952(c) defines "legislative body" […]

September 13, 2013
Asked and Answered

Brown Act CPRA School Records

Charter schools and the CPRA

[…] functions, or receive funds from a local agency and has a member appointed by the local agency. The applicable provision of the law is Government Code section 54952(c), which is actually part of the Brown Act, but which is incorporated into the Public Records Act by Govt. Code section 6252(b). Section 54952(c) defines "legislative body" […]

July 26, 2013