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Asked and Answered

Brown Act

Homeowner’s Association, the Brown Act, and tape recording

[…] the governing body of a homeowners association can be subject to the Brown Act under either of two circumstances. 1. The association is created by an elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body; - OR - 2. The homeowners association (a) […]

June 14, 2009
Latest News

Cases Press Release

FAC and Local Community Group Sue San Jose Over Secret Negotiations With Google

[…] rebuffed these requests, in clear violation of the CPRA. Today’s lawsuit seeks to force the city to disclose those records. "The public is entitled to know what elected leaders are doing and saying in negotiations with corporations doing business with the government—especially where those companies are as large and powerful as Google," said FAC […]
- Government Transparency and Accountability
- Public Records
November 13, 2018
Asked and Answered

Brown Act

Public Funds and the CPRA

[…] to include " board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that (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 CPRA

Public Records Non-Compliance, Filing Suit, and Non-Response

[…] willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session." Cal. Govt. Code Section 54957.9. Conceivably, if an attempt to address the body during public comment time was deemed inappropriate under some reasonable application of the body's regulations for public comment, […]

June 14, 2009
Asked and Answered

CPRA

Access to rezoning information

[…] to discussion or consideration at a public meeting of the body, are disclosable under the and shall be made available upon request without delay." Gov't Code Section 54957.5(a). Therefore, materials distributed at such a meeting should be made available "without delay," upon request, unless one of the PRA's exceptions to disclosure applies. This language […]

June 14, 2009
Asked and Answered

CPRA Newsgathering School Records

School denies access to all info about coach fired amid rumors players’ were abused.

[…] school superintendent's alleged misconduct must be disclosed, observing: "embers of the public were greatly concerned about the behavior of the city's high school superintendent and his governing elected board in responding to their complaints. Indeed, from the public's viewpoint, the District appeared to have entered into a 'sweetheart deal' to buy out the superintendent […]

March 9, 2014
Latest News

FAC News Press Release

Lara Bergthold, Marcos Bretón and Alica Del Valle Join FAC Board

The First Amendment Coalition has elected three new members to its board of directors. The new members —Lara Bergthold, Marcos Bretón and Alica Del Valle — join a roster of distinguished and dedicated directors playing a vital role in FAC’s mission to advance free speech, a free press and the public’s right to know. […]

June 9, 2021
Asked and Answered

CPRA

Can criminal background checks on county candidates be kept confidential?

The County Board of Supervisors announced it will conduct a criminal and financial background check on the individual it selects to fill an open elected position for the clerk-recorder/registrar of voters. The county manager and county counsel say the results of these checks will not be public documents pursuant to the penal code which […]

May 1, 2013
Latest News

FAC News Press Release

Ed Chapuis, Katherine Rowlands and Juliet Williams Join FAC Board of Directors

[…] important, and the vast experience this group brings from the journalism field will bring invaluable perspective and knowledge to our organization." All three new members were unanimously elected to FAC’s board in May. For more information, contact: David Snyder Executive Director First Amendment Coalition dsnyder@firstamendmentcoalition.org The First Amendment Coalition is an award-winning, nonprofit public […]
- Government Transparency and Accountability
June 14, 2018
Asked and Answered

Brown Act

When can a public Board claim attorney-client privilege?

[…] the meeting, including items to be discussed in closed session"), and a second time immediately before the closed session is convened. As stated in Government Code section 54957.7: (a) Prior to holding any closed session, the legislative body of the local agency shall disclose, in an open meeting, the item or items to be […]

March 25, 2013