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Brown Act First Amendment

Is limiting a school board trustee’s comments legal?

As you may know, California's Brown Act requires 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 […]

March 27, 2010
Asked and Answered

Brown Act First Amendment

Written public comment not read as promised before City Council vote taken

I submitted a written public comments to an agenda item because I could not attend a Special Meeting of the City Council. The City Clerk acknowledged that they had been received and would be read into the record during public comment time period for the specific item. This did not happen and the vote was […]

June 14, 2016
Asked and Answered

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