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  • Asked and Answered

    Brown Act

    Authority to call school district special meetings

    California Govt. Code Section 61221(c) states that as part of its internal organization, the board of a Community Services District shall "provide for the manner of calling special meetings."  The School District should have adopted a rule about calling special meetings, and this rule presumably sets forth who is authorized to call an emergency […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Attorneys present at closed meetings

    […] includes hospital districts) to hold closed sessions to discuss pending litigation when discussion in open session would prejudice the public agency.  The purpose of the pending litigation exemption is to protect confidential attorney-client communications and allow a legislative body to meet with its attorney to receive legal advice and make legal decisions; if the […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Agendas and sufficiency of “brief general descriptions”

    In accordance with Section 2.20.140(B)(3) of the Purchasing Ordinance, the City Manager is allowed to waive the request for proposal procedure and approve master professional service agreements with two firms pp to $100,000. I asked that the item be pulled and rescheduled because it did not describe the services (HR/Personnel) that the contracts were […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Ad hoc committees under the Brown Act

    […] up being propaganda machines or special interest mechanisms. My question is at what political or length of time threshold (economic revitalization seems like a non-temporary issue to me) is an issue no longer a candidate for ad hoc committees, but for regular "standing" subcommittees that the public can attend? Is there a law about this?

    June 14, 2009

  • Asked and Answered

    Court Records

    Accessing criminal court records

    […] the court that sealed the records in 1998 did not support the sealing with any findings as to why it was justified, there may be good grounds for unsealing.  From a procedural standpoint, however, unless the court might be persuaded by a phone call to unseal the record on its own motion (which is […]

    June 14, 2009

  • Asked and Answered

    Court Records

    Access to case exhibit

    I have a case in the Court of Appeal. My attorney needed a copy from the case file. I went to court and asked for a copy of exhibit 3. The clerk denied my request. I told my attorney this and he sent a local to obtain exhibit 3. She too was denied access […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Written correspondence to and from officials as public record

    […] policy requiring council members to make public all written correspondence including email rec'd from private citizens regardless of its content, citing the Brown Act and the desire for a more "transparent" city gov't. A number of citizens believe that this is a violation of their 1st Amend & privacy rights and is just an […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Private attorney costs to public agencies and attorney-client privilege

    […] not disclose the amount of the retainer agreement.  See Cal. Government Code section 54957.5(a) (records provided to a Board of Supervisors or other legislative body in preparation for a public meeting are public records that must be available to the public under the California Public Records Act); Cal. Government Code section 6253(a) (if an […]

    June 14, 2009