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  • Asked and Answered

    Brown Act

    Workshops v. Special Meetings

    […] in less then 72 hours which was labeled board special meeting/workshop. It was just a workshop called to discuss how to deal with the media. I asked for our attorneys opinion in this, and they felt that since we posted the agenda 24 hours in advance of the meeting it was ok, and no […]

    June 14, 2009

  • Asked and Answered

    Brown Act CPRA

    The CPRA, the Brown Act and Retirement Trusts

    […] they held a special meeting to change by-laws to only allow "invited guests".  They have not responded to my further PRAs.  Their attorney uses AG Opinion 03-1107 for his view that the Trust is not a "local agency", but is a labor-management "committee."  The board is constructed and has duties similar to pension boards […]

    June 14, 2009

  • Asked and Answered

    CPRA

    The CPRA and State Employees

    […] state employment somehow precluded me from the PRA.   I have now read GC 6252(g) which makes it appear this is accurate, but GC 6252.5 muddies the water for me. Our Chief indicates in the quote above that she was "advised" that the PRA does not apply to state employees.  I am certain that advice […]

    June 14, 2009

  • Asked and Answered

    Bagley-Keene Act CPRA

    The California Bar and CPRA

    […] California Supreme Court has stated as follows:  "[Government Code] Section 6001 . . . provides: 'No law of this State restricting, or prescribing a mode of procedure for the exercise of powers of state public bodies or state agencies . . . shall be applicable to the State Bar, unless the Legislature expressly so […]

    June 14, 2009

  • Asked and Answered

    First Amendment

    Subpoenaed for a trial

    I have been civil-subpoenaed to appear as a witness in a trial. I do not wish to be involved in the matter. Can I decline to testify? If I can, how do I go about doing it? Can you point me to the forms, etc., that would be required to do so?

    June 14, 2009

  • Asked and Answered

    Brown Act Newsgathering

    Special Meetings and Media Notice

    […] legislative body and to each local newspaper of general circulation and radio or television station requesting notice in writing."  Govt. Code Section 54956 (emphasis added) (see below for text of entire section).  Accordingly, any local newspaper of general circulation or radio or television station that has requested notice of special meetings in writing must […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Special meeting and the Brown Act

    The Brown Act reads in part Section 54954.3of education code: "Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item." I have argued […]

    June 14, 2009

  • Asked and Answered

    CPRA

    School administrators and the CPRA

    […] has a right to inspect any public record," except as provided for under the PRA or other law.  Govt. Code Section 6253(a).  Documents created by a public high school principal in the course of his or her employment could meet this requirement, along with other school records, subject to the various exemptions of the PRA.

    June 14, 2009

  • Asked and Answered

    Brown Act First Amendment

    Rules for public comment at council meetings

    The Brown Act provides that "[e]very agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body's consideration of the item, that is within the subject matter jurisdiction of the legislative body […]

    June 14, 2009