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  • Asked and Answered

    Brown Act

    Does newspaper candidate forum constitute a quorum?

    We invited city council candidates to our newspaper offices for an editorial endorsement forum. There are three incumbents and one challenger for three seats. We will have me, the editor, and a reporter there to ask the candidates questions about why we should endorse their candidacy. Because there are three candidates currently on the […]

    October 6, 2009

  • Asked and Answered

    Brown Act CPRA

    Councilmembers texting during meeting a Brown Act violation?

    […] attorney during a public meeting. The audience watching the meetings at home can’t see this is going on. If the City Attorney needs to give advice, shouldn’t he state it publicly, or that he will confer with them at a future properly noticed closed session? Do you have any advice for asking for text messages?

    May 23, 2013

  • Asked and Answered

    CPRA

    CA Public Benefit Corporations and the CPRA

    […] the revised EIR that will be coming out soon that could bring a potential of overwhelming development to our area. We've been working on the growth issue for two years now and have just recently organized as a non-profit (CA Public Benefit Corp) and filed under IRS 501(c)(3) to obtain a Determination Letter.  Anyhow, […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    The city decided in closed session to let Wal Mart pick up legal tab for lawsuit

    […] the city against the suit; and that they had also agreed in this same closed session to allow Wal Mart to cover the city's full legal costs for the suit. Although I understand the city's need and right to both discuss the litigation and tally the vote in secret, I do NOT understand why […]

    August 20, 2012

  • Asked and Answered

    Bagley-Keene Act Brown Act

    My job has been threatened if I divulge details of closed-door meetings

    The state university where I worked has held confidential meetings of a management committee for a program operated under an agreement with the county. There was never an agenda, minutes, notices of meetings or officers. For the past four years. They threatened to fire me if anything at these meetings was divulged, and now they have […]

    March 10, 2017

  • Asked and Answered

    CPRA

    Can fees be charged for existing electronic/digital records?

    The County's Public Safety Group sent me an invoice in regards to my PRA request for copies of their three existing contracts with Cal Fire. These records already exist in an electronic/ digital format. There is no reason to charge me a fee for them to be delivered to me via email. They just […]

    August 30, 2016

  • Asked and Answered

    First Amendment Newsgathering

    City Won’t Add Us to E-mail List

    […] addition, differences in the manner in which the information is provided may also be unconstitutional.  Unconstitutional discriminatory treatment of the media can arise in many other situations. For example, courts have found violations of the First Amendment and the Equal Protection clause where a mayor excluded a particular reporter from press conferences to which […]

    February 8, 2018

  • Asked and Answered

    CPRA

    Records retention and PRA

    Suppose I make a request for records from a public agency, but their records retention policy allows the records to be destroyed before the agency produces them. Does the Public Records Act require a suspension of the destruction of records if a request has been made?

    April 26, 2016

  • Asked and Answered

    First Amendment

    What are the rules regarding free speech and highway signage?

    […] the Outdoor Advertising Act, it appears that advertisement is construed quite broadly and would likely encompass the kind of signs you describe.) The Act contains an exception for temporary political signs, but such signs must pertain to a scheduled election, be placed no more than 90 days before the election, and be removed within […]

    October 17, 2013

  • Asked and Answered

    Brown Act

    Urgent meeting scheduled for July 4 seemed to circumvent the public process

    Our municipality has filed for bankruptcy. As part of this ongoing nonsense the town officials have been doing what ever they can to be sneaky and underhanded. Recently they held a special meeting on July 4. The meeting was to transfer money from a special tax fund for a purpose specifically excluded from use by the bond […]

    July 13, 2014