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  • Latest News

    Blog

    NSA surveillance case reflects a growing distrust in the federal judiciary

    […] rendition" program. The state secrets privilege is the mother of all government privileges because it typically requires, not merely the exclusion of certain evidence, but the outright dismissal of the lawsuit—even if the plaintiff's claims have merit. It's as though the government is saying, in response to the plaintiff's legal complaint: Yes, you're charges […]

    June 2, 2009

  • Asked and Answered

    Brown Act CPRA

    School Board Agenda Packets Availability

    […] the body, are disclosable public records under the California Public Records Act . . ., and shall be made available upon request without delay."  Govt. Code Section 54957.5.  The language of Section 54957.5 would strongly suggest that you should be entitled to the agenda packet as soon as it becomes available, and certainly by […]

    June 14, 2009

  • Asked and Answered

    Brown Act CPRA

    Availability of agendas

    The Brown Act does not require government bodies to keep minutes. However, under section 54957.5 of the Brown Act, the body must make agendas and "any other writings" concerning public sessions available "upon request without delay."  The body can charge a copying fee, but not if you just want to inspect (and not copy) […]

    June 14, 2009

  • Asked and Answered

    Brown Act CPRA

    Councilmembers texting during meeting a Brown Act violation?

    […] all or a majority of the members of the council, and therefore, must be "made available upon request without delay" to anyone who asks. Gov't Code § 54957.5(a). Furthermore, under the Public Records Act, public records -- which include "any writing containing information relating to the conduct of the public's business prepared, owned, used, […]

    May 23, 2013

  • Asked and Answered

    Brown Act

    When should “anticipated litigation” be agendized?

    […] Tort Claims Act or some other written communication from a potential plaintiff threatening litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5. (D) A statement made by a person in an open and public meeting threatening litigation on a specific matter within the responsibility of the legislative body. […]

    February 3, 2014

  • Asked and Answered

    Brown Act CPRA

    CPRA request was denied for document discussed in open session

    […] a matter subject to discussion or consideration at an open meeting of the body, are disclosable public records under the California Public Records Act."  Gov't Code § 54957.5(a). However, "this section shall not include any writing exempt from public disclosure [under the Public Records Act]."  Gov't Code § 54957.5(a).  From what I understand, the […]

    January 14, 2016