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  • Asked and Answered

    Brown Act

    Applicability of Brown Act to public charter schools

    The answer to your question depends on whether the public charter school was "created by" an elected legislative body—or receives funds from a government agency and whose governing body includes a member of the legislative body—for the purposes of the Ralph M. Brown Open Meetings Act and is therefore subject to the open meeting […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Homeowners Associations Prohibition on Videotaping

    […] It is not clear whether "The Brown Act" applies in this case.  I do not know how to determine if "The association is (was) created by an elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body."  I do know that the association maintains the many […]

    June 14, 2009

  • Latest News

    Blog

    Can the First Amendment Survive President Trump?

    […] the government’s power over citizens. The First Amendment does not have an army to enforce these limitations. They work---that is, they restrain government---because the people and their elected officials consent to them, even though the whole idea of freedom of speech is fundamentally anti-democratic. Freedom of speech again and again has been applied to […]

    November 18, 2016

  • Asked and Answered

    CPRA Newsgathering

    Should complaints against belligerent councilman be public?

    […] called a special meeting and decided that they did not want to release it and cited what I wrote in my original inquiry. I’ve been told that I should be able to get this info because the councilman is an elected public official … but I’m not sure.  Is there any way to refute this?

    August 19, 2011

  • Asked and Answered

    Brown Act

    School Board Closed Sessions with Administrators

    […] employee requests a public session, but note that the term "employee"  does not include an elected official or a member of a legislative body (Gov't Code § 54957) -To discuss and decide whether an applicant for a license or license renewal who has a criminal record is sufficiently rehabilitated to obtain the license (Gov't […]

    June 14, 2009

  • Handbooks

    Police Transparency Handbook

    […] perceived, and pertaining to the manner in which he or she performed his or her duties." Penal Code section 832.8(a). Records relating to the conduct of an elected county sheriff, as opposed to deputies employed by the sheriff’s department, are not "personnel records" because the county is not deemed the sheriff’s "employing agency." Essick […]

    September 6, 2024

  • Asked and Answered

    Brown Act CPRA

    Open Meeting Rules for Chamber of Commerce/ Non-Profits

    […] (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

    When does a non-profit fall under the Brown Act?

    […] include "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 […]

    July 31, 2013