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Brown Act CPRA First Amendment

City gone wild with continual Brown Act and CPRA violations

[…] questions about contract steering by the city finance director. Multiple PRA public document requests by our newspaper have been denied – some for three years. The city police chief is in on the deals. Crimes in city hall go unreported and no one is held accountable. We believe the County District Attorney is compromised. […]

May 16, 2012
Asked and Answered

Brown Act First Amendment

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

[…] who allows some people to speak longer and others not to. The decision to target the activist was made earlier by the city attorney who told the police officer the next time this particular activist spoke past the time limit to "stop" her rather than telling him just to stop violators in general? Are […]

September 11, 2014
Asked and Answered

CPRA

Using CPRA to learn rules governing Resort Improvement District #1

[…] #1. By law they are supposed to maintain the power lines, water and sewers. They do a lot more than that though. They want to be the police here and field and investigate complaints. They have humiliated me and others at board meetings as they discuss who their victims will be. They have called […]

July 22, 2013
Asked and Answered

Brown Act

Serial Meetings

[…] In that case the court held that a city council might have violated the Brown Act by meeting among themselves in private and deciding to support a police department policy to govern response to activated home alarm systems (the lower court had dismissed the action against the council). A copy of this case and […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Are a city manager’ meetings with his staff covered by the Brown Act?

[…] meet for whatever reason, then, except under a narrow set of circumstances, the Brown Act is invoked. Govt. Code § 54952.2. On the other hand, city managers, police chiefs, fire chiefs, city attorneys, planning department heads, and those who work under these individuals typically are not elected or appointed members of a legislative bodies, […]

January 18, 2015
Asked and Answered

Brown Act

Has the Brown Act changed to allow votes on items not on agenda?

[…] Sess.), which was signed into law on June 27, 2012, and effective immediately, suspended Government Code section 54954.2, subdivision (a) during the 2012–2013 budget year." Schwarzburd v. Kensington Police Protection & Community Services Dist. Bd., 225 Cal. App. 4th 1345, 1352 n.6 (2014). Although it is not entirely clear, most likely it was the provision […]

March 22, 2015
Asked and Answered

Newsgathering

Publishing leaked email

[…] state statute requiring the government to keep the names of sexual offense victims private, it was not unlawful for a newspaper to receive (through an erroneously released police report) and publish the name of a sexual assault victim. Florida Star v. B.J.F., 491 U.S. 524 (1989). The court did say, however, that "[t]o the […]

June 14, 2009
Asked and Answered

First Amendment

Public Filming of TV Show

[…] a flash. Then 20 minutes later, another supposed crew person said I couldn't take any pictures because they had a permit and they threatened to call the police and got pretty belligerent. I told the guy that I was in a public place and just a common fan--not encroaching on any filming efforts. I […]

June 14, 2009
Asked and Answered

Brown Act

JPA’s (Joint Powers Act entities) and the Brown Act

[…] agency" for purposes of the Brown Act, and the entities that govern such authorities are "legislative bodies" under the Brown Act. McKee v. Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force, 134 Cal. App. 4th 354 (2005). Thus, the JPA appears to be subject to the Brown Act.A majority of the members of […]

June 14, 2009
Asked and Answered

Covenants, Conditions and Restrictions of a Common Interest Development

[…] be freely disseminated. See Florida Star v. B. J. F., 491 U.S. 524 (1989) (imposing damages on newspaper for publishing name of rape victim lawfully obtained from police records violated First Amendment); Smith v.Daily Mail Publishing Co., 443 U.S. 97 (1979) (state law punishing publication of name of juvenile offender unconstitutional where name was […]

June 14, 2009