Search Results for: 54952(c) nonprofit Brown – Page 3

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

Q: I am doing a story on the Community Association, which operates and maintains a number of parks that were dedicated originally to the county and then the city. The parks are 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

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

Q: I am Chief of Staff at a hospital that is part of a nationwide health care service, and an ex officio member of the hospital Board. Hospital executives have 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

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A&A: Barring the Media from recording an Open Meeting

Q: Can a Home Owners Association Board of Directors prohibit a member of the press from recording the events during the open session of the monthly meeting in which the press was invited by a group of home owners? A: In response to your inquiry below, the threshold question is whether or not the home owners association you reference is subject to the California open meetings law, the Brown Act.  Under Government Code section 54952(c),

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A&A: Brown Act and Home Owners Associations

Brown Act and non-profit organizations Q: Our HOA is non-profit California Corporation and my wife last night tried to video tape a meeting that I could not make, and security told her to stop and she complied. It is my understanding that the Brown Act applies to HOA’s from this site, I believe. Is this true, did the HOA do something illegal last night in denying my wife access of videotaping? She did not make

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A&A: Homeowner’s Association, the Brown Act, and tape recording

Homeowner’s Association, the Brown Act, and tape recording Q: My senior homeowner’s association board prohibits members from tape recording board meetings.  I tried today, they asked me to leave, and they called the police. I stated “I will exercise my right under California law to record meeting”. Police would not take any action in civil matter.  The board adjourned meeting for two weeks. The board says they are not subject to the Brown Act.  An

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A&A: Are Search & Rescue Board Meetings subject to Brown Act?

[vc_row][vc_column][vc_single_image image=”84622″ img_size=”full size” link=”https://firstamendmentcoalition.org/2015/09/aa-are-search-rescue-board-meetings-subject-to-brown-act/”][vc_column_text] Q: Our Search and Rescue team is a 501.c.3 non-profit corporation, includes only volunteer members, operates under the Sheriff’s Office and uses their facilities/vehicles, raises public donations, and includes two Sheriff Deputy Sergeants on the seven person Search and Rescue Board (they are not on the County Board). Are we subject to the Brown Act? [/vc_column_text][ult_buttons btn_title=”Exercise your right to know! Ask FAC’s Legal Hotline your own question!” btn_link=”url:http%3A%2F%2Ffacelementor.wpengine.com%2Flegal-hotline||” btn_align=”ubtn-center” btn_size=”ubtn-custom” btn_width=”630″ btn_height=”70″ btn_padding_left=”10″

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Medi-Cal, Privider Rates, Confidentiality

Medi-Cal, Privider Rates, Confidentiality Q: Can a Medi-Cal fiscal intermediary which is a public agency [created by a County BOS], maintain that its provider rates are proprietary, confidential?  The rates in question are not to be confused with CMAC hospital rates. A: Although I am not familiar with the type of Medi-Cal fiscal intermediary you reference below, the first step is to determine if it is a local agency for the purposes of the Public

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A&A: Brown Act requirement for private nonprofits?

Q: Please clarify for me the requirements of Brown Act compliance for a private nonprofit. We are members of an electric cooperative. As  members of the cooperative we are each eligible to be board members.  The elected directors make determinations on how operating capital is expended and invested. There has recently been allegations of fraud and theft among leading employees and directors of the board and the Attorney for the group is claiming they are

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City Clerk’s obligation to the CPRA

City Clerk’s obligation to the CPRA Q: Is there any law about City Clerk’s responsibility to Public Records Information requests? Could you point me to the correct resource on the Clerk’s legal responsibilities? The Clerk is both our elected City Clerk as well as a city employee administering the City Clerk’s office. A: I understand your question to be whether the City Clerk has the obligation to comply with requests for public records in accordance

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Davis-Stirling Act

Davis-Stirling Act Q: I am a resident of a city which is unique because the Community Association (14,000 + members) encompasses the entire City. When the City was created it granted a number of functionalities and services normally provided by a City to the Property Owners Association. The Property Owners Association claims to be exempt from the Brown Act so does not have to publish notifications ( agendas ) before executive sessions. They claim they

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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: Charter schools and the CPRA

Q: I submitted a CPRA to the Charter School my child attends. I attached a table of 36 sets of board meeting minutes that were either completely missing from the school’s webpage, or were incomplete draft versions. These missing minutes span three years. The minutes that are missing surround major events that took place such as controversial board member resignations, votes to amend bylaws, votes that involved irregular activities and potential conflicts of interest and self-dealing.

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A&A: Brown Act Rules for Non-Profits

Brown Act Rules for Non-Profits Q: As a public non profit corporation that’s primary purpose is to support the public elementary school are we required to comply with the Brown Act? Does having the Principal of the school on the executive board have any bearing on complying with the Brown Act? A: Under Government Code section 54952(c), the governing body of a non-profit organization would be subject to the Brown Act under either of two

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A&A: The CPRA and privately owned utilities companies

Q: Does the CA Public Records Act apply to a public, stockholder-owned company regulated by the California Public Utilities Commission? A: Whether or not records retained by the water company are covered by the Public Records Act depends on whether the company fits within the Act’s definition of “state or local agency.” A “state agency” is defined as “every state office, officer, department, division, bureau, board, and commission or other state body or agency, except

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Administrative hearing transcripts

Administrative hearing transcripts Q: I attended a hearing in my city regarding a canine noise level complaint.  The hearing officer/judge found for the plaintiffs. Because of various oddities related to the hearing and the ruling, I determined that I needed to file an appeal.  The administrative hearing is not appeal-able so that means I need to file a Write of Mandemus in Superior court.I requested a copy of the transcript of the hearing and received

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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: Redevelopment Agency becomes “private corporation” not covered by Brown Act?

Q: Two years, ago, our city manager created a private, non-profit corporation in an effort to replace the city’s soon-to-be defunct redevelopment agency. The CEO is an Asst. City Manager and the Board of Directors are comprised of former city council members and other on various city commissions, etc. Plus, the RCDC uses city planning and other staff for its meetings,etc. Citizens have repeatedly asked for information pertaining to the business they are conducting, but

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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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What Constitutes a Local Agency

What Constitutes a Local Agency Q: Are records from Hollywood Park OR Santa Anita Racetrack (aka Magna Entertainment Corp. and Los Angeles Turf Club) subject to public access?  If so, how do I access them?  They are under the jurisdictions of the California Horse Racing Board.  Therefore, I believe the Brown Act may apply…? A: Your first step is to determine if you have a right of access to the information you are seeking under

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Hospital Records

Hospital Records Q: In October 2007 I contracted HA-MRSA during which was to be routine back surgery. I exhibited signs, that if the nurses had followed up, I would have not been discharged and would have avoided me 2 surgeries an additional  hospital stay and continuation of home IV therapy. It is hard to find an attorney to handle this case as they released me too early to identify the infection. I have been advised

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