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  • 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

  • Asked and Answered

    Brown Act

    Public notice and disclosure of existing litigation

    […] notice to say that, but the real question would be whether the school district has a good faith reason to believe that disclosure of the case name really would jeopardize negotiations. Finally, if the school district settles the case, section 54957.1 requires that it disclose the fact of settlement and the substance of the terms.

    June 14, 2009

  • Asked and Answered

    Brown Act CPRA

    Proposals and Public Records, Limiting Public Comment

    […] body prior to a meeting to educate them on the pending business, these documents are accessible to the public under the California Public Records Act ("PRA").  Section 54957.5 of the Brown Act states that "agendas of public meetings and any other writings, when distributed to all, or a majority of all, of the members […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Personal attacks in public meetings

    The only provision in the Brown Act concerning disorderly conduct is found in section 54957.9.  This section permits a legislative body to exclude all persons who willfully cause a disruption of a meeting so that it cannot be conducted in an orderly fashion.  Although this provision is typically applied in open meetings to exclude […]

    June 14, 2009