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  • Asked and Answered

    Brown Act

    Agenda posted online

    Can the legislative body of a state-funded entity discontinue sending notice of standing meetings by reasoning that agendas/minutes are posted on its website? To me, it does not meet the requirement that the public's business be conducted in an open a manner as possible.

    June 14, 2009

  • Asked and Answered

    CPRA

    Duplication fees for non-paper records

    Our School District Board/Superintendent is charging for labor costs of making a CD copy of each monthly/special board meeting. I understand that the Cal. Gov't. Code Section 6253(b) indicates that such charges (i.e., labor costs for recording the CD copy) is not permitted. I have been round and round with the Board/Superintendent about these […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Davis-Stirling Act

    […] normally provided by a City to the Property Owners Association. The Property Owners Association claims to be exempt from the Brown Act so does not have to publish notifications ( agendas ) before executive sessions. They claim they function under Davis Sterling where notifications for executive sessions is not required. Any opinion or legal references?

    June 14, 2009

  • Asked and Answered

    Brown Act

    Council gerrymandering and the Brown Act

    […] mayor, the city council, the city attorney, the city manager or the citizens?  The city started a non-profit corporation in order to obtain a California Liquor License for use at the municipal golf course, would this corporation's meetings fall under the Brown Act?  Would the reports that it makes to city council? Would the […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    A City Council’s COVID-19 Ordinance Allows Only email or Pre-Recorded Telephonic Comments

    Yes, a local city government satisfies Executive Order N-29-20 (which suspends certain requirements under the Brown Act) by allowing written comments to be submitted via email or in the form of pre-recorded telephonic comments. Executive Order N-29-20 suspended the requirement that "members of the public may address the body of each teleconference location" and […]

    January 20, 2021

  • Asked and Answered

    Brown Act

    How Do We Make a Community Service District Board Comply with the Brown Act?

    […] and verbally, and have received none. Our board members closed the Volunteer Fire Department and changed the locks without consulting our Fire Chief. No meetings dates, no agendas, nor anything about the actions of the board except for Fire Department issues are posted on the CSD website. I have also asked for financial reports […]

    January 20, 2021

  • Asked and Answered

    Brown Act

    Is holding a public meeting inside a gated community a violation of California’s Brown Act?

    […] meeting likely violates the Brown Act’s prohibition on requiring attendees to fulfill "a condition precedent" to their attendance. More information about the Brown Act, including your options for enforcing the Act as a private citizen, can be foundhere on this website. Bryan Cave Leighton Paisner LLP is general counsel for the First Amendment Coalition […]

    April 28, 2021

  • Latest News

    Revisiting Citizens United decision: Not as harmful as feared, and actually provides a 1st Amendment rationale for curbing super PACs

    […] everything to do with political calculations by various Washington, D.C., factions. Congress, following the CU decision, considered legislation that would have closed major loopholes in federal disclosure requirements (particularly for the nonprofit spending entities), but the bill failed. Republicans were against it -- -despite the fact that for more than 25 years Republicans have […]

    June 1, 2012

  • Asked and Answered

    Brown Act

    Secret Ballots

    Is it legal for a school board to fill a vacancy on the board with a secret vote? Is this addressed in the Brown Act and if so, where?

    June 14, 2009