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Showing 71 - 80 of 277 results

  • 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

    Is a contracted City Attorney a city employee?

    […] hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session."  Gov't Code § 54757(b)(1). Government Code section 54957(b)(4) provides, in part, as follows:  "For the purposes of this subdivision, the term "employee" shall include an officer or an independent contractor who functions as an […]

    June 14, 2009

  • Asked and Answered

    Brown Act CPRA First Amendment

    Unposted Supporting Documents and Public Comment on those Documents

    […] 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 have been entitled to the findings as soon as they became available, and certainly by […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Access to agenda attachments

    […] was not received.With respect to records distributed at a public meeting, they are public records unless otherwise exempted under the Public Records Act. Cal. Gov't Code § 54957.5.  The public is entitled to obtain them at the meeting if they were prepared by the public agency, or after the meeting if prepared by someone […]

    June 14, 2009

  • 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 ."  Gov't Code § 54957.5(a).  From what I understand, the Corrective Action Plan was […]

    January 14, 2016

  • 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

    Can a school board restrict critical speech about district employees?

    […] stating that "comments regarding an individual will not be allowed in an open meeting" simply does not pass constitutional muster. The agenda language also refers to section 54957 of the Brown Act, which allows for a closed session to "consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee, or […]

    June 14, 2009