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  • 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 First Amendment

    Can someone be arrested for speaking too long at a public meeting?

    […] reasonably efficient manner. Id. at 1426. Note that the Brown Act expressly provides for the "removal of individuals who are willfully interrupting [a] meeting." Govt. Code section 54957.9. Whether exceeding a time limit constituted willfully interrupting a meeting would necessarily depend on the facts of the particular case. Making a before-the-fact determination that a […]

    September 11, 2014

  • Asked and Answered

    Brown Act CPRA

    City Attorney says legal analysis is a CPRA exemption

    […] be made available upon request without delay," this requirement does not apply to records exempt from disclosure pursuant to Govt. Code section 6254. See Govt. Code section 54957.5. Note that there is no requirement that the documents pertain to a pending meeting, as long as they are in connection with matter that is subject […]

    June 10, 2013

  • 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

    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

  • 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