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  • Asked and Answered

    Brown Act

    Do Public Comments Have to be Taken into Consideration

    […] not require the body to review or take into consideration any documents presented by a member of the public while exercising such public comment rights in connection with an agendized item. In a democratic system, the "remedy" for elected officials who ignore a petition like the one referenced in your email is the next election.

    June 14, 2009

  • Asked and Answered

    CPRA

    Are not for profit charter schools required to comply with the CPRA?

    […] which provides that a particular "legislative body" would be subject to both the Brown Act and the Public Records Act if it was: (1) "created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other […]

    November 9, 2016

  • 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

  • Asked and Answered

    Brown Act First Amendment

    School Site Council tactics intimidate parents, public

    […] the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. Gov't Code § 54957.9. As you can see, this provision allows for removing individuals from a meeting only when they have "willfully interrupted" the meeting so as to "render the […]

    February 3, 2012

  • Asked and Answered

    CPRA

    How can I find out if a non-profit is cooking the books?

    […] (1) A board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that either: (A) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other […]

    May 21, 2015

  • Posts

    FAC Opposes Legislation that Would Weaken Public Oversight of Government Officials in California

    […] that are neither identified nor accessible to the public. And they’d be able to do this without showing any need or justification. Being able to see your elected representatives in person as they debate police funding, mask mandates, teacher compensation and the like is fundamental to our democratic values. State law already allows officials […]

    May 13, 2022

  • Asked and Answered

    Brown Act

    Reporting closed sessions decisions

    […] action, defendants, and other particulars must be disclosed to any person upon inquiry, unless doing so would jeopardize service of process or existing settlement negotiations.Gov't Code section 54957.1(a)(2).Since the city council has reached a decision that "involves litigation," you should be informed exactly what the city council decided (to file suit, to intervene, etc.), […]

    June 5, 2010

  • Asked and Answered

    Brown Act

    Senior Center Boards and the Brown Act

    […] (1) A board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that either: (A) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    School Boards, Closed Sessions, and Student Files

    […] Brown Act requires the school district to disclose, in the open meeting, "the item or items to be discussed in the closed session."  Cal. Gov. Code Sec. 54957.7.  Nothing in that section "shall require or authorize a disclosure of information prohibited by state or federal law."  Id.  While the authority to conduct a closed […]

    June 14, 2009