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First Amendment

What to do when a government agency requires a permit and insurance to protest

[…] and manner" regulations on the exercise of free speech in areas that are open for such activity. The question would be whether the permit fee and insurance requirements are reasonable. The courts have held that a registration fee or deposit may be required where the permitting authority will likely incur additional costs from the […]

June 14, 2009
Asked and Answered

Brown Act

What are the rules rescheduling a regular board meeting?

The Brown Act provides that "[e]ach legislative body of a local agency, except for advisory committees or standing committees, shall provide, by ordinance, resolution, bylaws, or by whatever other rule is required for the conduct of business by that body, the time and place for holding regular meetings."Gov't Code § 54954. Changing the time […]

July 29, 2011
Asked and Answered

Brown Act

Serial Meetings

[…] C were newly appointed to the council – they were council members ELECT at the time of supposed serial meeting. Member D has been on the council for two years. To fill the open seat staff gives them three options: 1. Filling the vacancy by appointment; 2. Adopted a procedure to fill the vacancy […]

June 14, 2009
Asked and Answered

Brown Act

Public comment time limit changed without notice

At a recent Planning Commission public hearing, we were told in the agenda and online that we would be given up to three minutes to speak. Right before public comments were heard, the chair said we’d be given only two minutes without any explanation. It says in the agenda he can change the time […]

September 7, 2011
Asked and Answered

Brown Act First Amendment

Non-English Speaking Participants at City Council Meetings

[…] of the language barrier or because they have to be at work at the same times meetings are held. If my neighbors write letters in Spanish, am I allowed to read and translate these letters for the public record? Would that count as "my three minutes of time" or my neighbors’ "three minutes of time?"

June 14, 2009
Asked and Answered

Brown Act

Closed college governing body meeting to endorse trustees candidate

I have what is probable a simple question for you. I am wondering if a student governing body at a college can meet in close session to discuss possibly endorsing a candidate for the board of trustees in an upcoming election? Would this violate the Brown Act?

June 14, 2009
Asked and Answered

Brown Act CPRA

Emails and the Public Record and Brown Act

[…] all examples of communications which contribute to the development of a concurrence as to action to be taken by the legislative body. The Brown Act: Open Meetings for Local Legislative Bodies, p. 11 (Cal. Atty General's Office 2003). Finally, there is an exception to the bar on serial meetings in Government Code section 54952.2(c)(1) […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Copies of Tapes for Public Record Requests

Re: CPRA request for audio taped record of open meeting: I have submitted a request for copies of tapes made of 3 open Hospital Board meetings, held within 3 weeks of each other. I submitted the request well before 30 days had passed from the first meeting, and before the minutes had been transcribed […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Community College Senate, Listservs, and Public Record

[…] the former president, and current senator, of the Academic Senate. If the attempted subscriber is not a member of the faculty, then s/he is dropped immediately without notice. The listserv is financed by the tax-payers of the district. Also, several messages I have been shown from the listserv discuss matters pending before the Senate. […]

June 14, 2009
Asked and Answered

Brown Act

Board of Directors Closed Session

Our Board of Directors met in Executive, closed session to discuss amending our By-laws to reduce the number of directors. When I questioned the closed session, I was told that the Board of Directors were considered personnel and as so covered under the personnel matters exception in the Davis-Sterling Open Meeting Act. I read […]

June 14, 2009