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Showing 101 - 110 of 277 results

  • Asked and Answered

    Brown Act

    Incoming Superintendent Sitting in on Closed Session

    An incoming superintendent, his term does not being until June, was in on a closed session item on the appointment of a new principal last month. The incoming superintendent was the head of the search committee from the principal and it was his recommendation the board considered and approved. Was it legal for him […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Requests for applications of public positions

    […] App. 4th 1136 (1997) and California First Amendment Coalition v. Superior Court, 67 Cal. App. 4th 159 (1998).  Both cases involved applications submitted to the Governor for appointment to vacancies on county boards of supervisors.  In both cases, the court of appeal held, for a variety of reasons, that the applications were exempt from […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Does the Brown Act Allow Consultant’s Report Reviewed in Closed Sessions?

    […] discussion falls within one of the narrow exceptions that permit closed sessions under the Brown Act, it still must be listed on the agenda.  Govt. Code § 54957.7.  In a separate provision, the Brown Act bars an agency from discussing or taking any action on an item not appearing on the posted agenda. Government […]

    January 6, 2020

  • 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

    Private attorney costs to public agencies and attorney-client privilege

    […] retainer, it appears to have been a violation of the Public Record Act to not disclose the amount of the retainer agreement.  See Cal. Government Code section 54957.5(a) (records provided to a Board of Supervisors or other legislative body in preparation for a public meeting are public records that must be available to the […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Can my access to public records be limited to “by appt. only”?

    […] spending a lot of time inspecting the minutes of a local business improvement district. This week they changed their office hours from M-F 8:30-5:30 to be by appointment only, and this greatly limits my ability to look at documents in their office. Their staff is in the office during the old hours, but they […]

    August 26, 2016

  • Asked and Answered

    Brown Act CPRA

    Recording public’s comments in board minutes

    […] at the meetings. With respect to the letters addressed to the legislative bodies, the Brown Act makes such documents accessible under the California Public Records Act.  Section 54957.5 of the Brown Act provides, in part: "(a) Notwithstanding Section 6255 or any other provisions of law, agendas of public meetings and any other writings, when […]

    June 14, 2009

  • Latest News

    How Trump’s War on Free Speech Threatens the Republic

    […] where it hurts (the wallet) and subjecting them to legal harassment. This is especially so in the 22 states that lack anti-SLAPP statutes—laws that facilitate the rapid dismissal of libel claims without merit. The VanderSloot lawsuit is instructive. Although a court in Idaho ultimately threw out all the billionaire’s claims against Mother Jones, the […]

    June 6, 2017

  • Asked and Answered

    Brown Act

    Is it a Brown Act violation to move item from closed to open session?

    […] closed session, they must "publicly report any action taken in closed session and the vote or abstention on that action of every member present."  Govt. Code §  54957.1(a). Pursuant to the Brown Act, "t least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an […]

    March 13, 2014