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Asked and Answered

Brown Act

Planning a Closed Session to Allow Confidential Documents

[…] meeting of the body, are disclosable public records under the California Public Records Act," ("PRA"), unless one of the PRA’s exemptions from disclosure applies. Cal Gov’t Code 54957.5. Essentially, this provision serves as an overlay to the Public Records Act, by removing an agency’s ability to rely on the PRA’s catch-all exception in those […]

June 14, 2009
Asked and Answered

Brown Act

Does the Brown Act require minutes from city council meetings?

[…] a legislative body may require another legislative body over which it has appointed a majority of the members to keep a minute book. See Govt. Code section 54957.2(a), (b). That being said, the city council's own bylaws will typically address whether minutes must be taken. Bryan Cave LLP is general counsel for the First […]

June 5, 2013
Asked and Answered

Brown Act

Charter schools and the Brown Act

June 1, 2016
Latest News

Blog

US Supreme Court ‘government speech’ rulings should curb government misuse of anti-SLAPP laws

[…] for example-- to silence criticism by forcing her to spend money to hire a lawyer and defend against dubious legal claims. Anti-SLAPP laws provide for a quick dismissal of such suits. They also punish those who file SLAPP suits by making them pay the opposing party’s legal fees. In recent years, governments, as litigants, […]
- Free Expression
December 22, 2015
Asked and Answered

Brown Act

Applicability of Brown Act to public charter schools

June 14, 2009
Asked and Answered

CPRA

The public should know if school employee embezzled $2m

[…] because of the embezzling. If so, you should have an argument, under the Bakersfield reasoning, that the charges of embezzling were well-founded and even resulted in a dismissal. If you have not already done so, I would suggest that you submit a PRA request for the records you seek. The PRA requires agencies to […]

October 6, 2009
Latest News

Blog

Recent court decisions transform legal tools for protecting free speech into an instrument for the suppression of the public’s speech and access rights

[…] (or "SLAPPs"). It allows for a court’s early consideration of the merits of cases arising from acts protected by the rights of free speech or petition, and dismissal of cases that are found not to be meritorious. In addition, it provides that attorneys’ fees and costs are to be awarded to any defendant who […]
- Government Transparency and Accountability
- Public Records
June 3, 2009
Asked and Answered

Brown Act

Can A School District Bar The Public From School Closure Meetings?

[…] committee. See Frazer v. Dixon Unified Sch. Dist., 18 Cal. App. 4th 781 (1993). In that case, the board’s adoption of a formal, written policy calling for appointment of a committee to advise the school superintendent and, in turn, the school board (with whom the final decision rested), whenever there was a request for […]
- Government Transparency and Accountability
April 21, 2022
Asked and Answered

Brown Act CPRA

School Superintendent Goals: Public or Private?

[…] meet in closed session. Under the Brown Act, the school board could meet in a closed to evaluate the performance of a school superintendent. Govt. Code § 54957(b); Duval v. Board of Trustees of Coalinga-Huron Joint Unified School District, 93 Cal. App. 4th 902, 909-10. Closed sessions are limited in scope, however, only to discussions that […]

August 14, 2014
Asked and Answered

Brown Act School Records

State Agency I worked for is denying my records’ request, but documents do exist!

September 13, 2013