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  • Asked and Answered

    Brown Act

    Is there a Posting Date Requirement for Minutes of Public Agency Meetings?

    Is there a legal requirement that a Community College in California post Minutes for their Board, Special and Committee Meetings within a certain timeframe? They are not doing so by the next meeting and sometimes do not do so for many many months or at all. This is an ongoing issue.

    January 20, 2021

  • Asked and Answered

    CPRA School Records

    Many Colleges Denying My CPRA Request for Title IX Report

    […] using FERPA, which the US DoE said does not apply to investigation reports in a Dear Colleague letter. Other schools are charging absurd amounts of money ($800-$2500) for the documents. Others are citing attorney client privilege and other aspects of the CPRA act. Every University of California campus has complied with my request. I'm […]

    November 7, 2018

  • Asked and Answered

    Police Records

    Police Department in New Jersey Won’t Release Report on a Family Member’s Death

    New Jersey’s Open Public Records Act provides that "government records shall be readily accessible for inspection, copying, or examination by the citizens of this State, with certain exceptions, for the protection of the public interest, and any limitations on the right of access … shall be construed in favor of the public’s right of […]

    August 22, 2020

  • Asked and Answered

    Newsgathering

    What Are Newsgathers’ Rights Regarding Private Homes Involved in Major Wildfire Area?

    I got a question about legal right (protected by First Amendment or any other Constitutional law) for our reporter here in California to gather news (pictures, videos) being on the private property during a recent major wildfire. We have all permissions from local authorities to gather news in a nearby burned out town (they […]

    January 7, 2020

  • Asked and Answered

    Brown Act

    Can California Agencies Continue to Hold Meetings Remotely After the State Reopens?

    […] through Zoom is "currently not legal under the Brown Act" is incorrect. The agency does acknowledge that online meetings would not comply with the Brown Act "but for the emergency order," presumably referring to Executive Order N-29-20, attached. The order states, in relevant part, that all requirements in the Brown Act "expressly or impliedly […]

    June 11, 2021

  • Asked and Answered

    Brown Act

    Does A Closed Session Employment Termination Decision Violate the Brown Act?

    […] If the subject matter does fall into one of the categories above, the public must still be given notice on the agenda.Under the safe harbor descriptions provided for in Government Code § 54954.5, if the matter relates to a specific public employee – in your case, a current employee who is being dismissed – […]

    November 12, 2018

  • Asked and Answered

    Brown Act First Amendment

    What the Brown Act Rules on a Postponing Public Meeting?

    […] public comment, at which point the Executive Director approached me, asked why I was still there, and asked me to leave. I told him I was there for the public comment portion, and would be leaving after the public portion. The ED then proceeded to ask me to leave and escort me out. I […]

    December 13, 2018

  • Asked and Answered

    CPRA Police Records

    How Does the Police Bill of Rights Affect Transparency and Policing Reform?

    […] with certain substantive and procedural protections. Perhaps most significantly, the Act establishes limits on how officers may be questioned, investigated, and disciplined. Such laws have been criticized for making it excessively difficult to discipline offices for misconduct. Regardless of one’s position on that issue, the right of public access to law enforcement records is […]

    April 14, 2022

  • Asked and Answered

    Brown Act

    COVID-19 Prohibition On Public Gatherings Prevented Me From Speaking to the Public

    […] impliedly requiring the physical presence of members, the clerk or other personnel of the body, or of the public as a condition of participation in or quorum for a public meeting" during the COVID-19 crisis, so long as the public is provided some means of observing and commenting upon the proceedings "telephonically or otherwise […]

    January 20, 2021