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Asked and Answered

Brown Act First Amendment

Commissioner advised speaking to press could give rise to Brown Act violation

It might be useful to know more about the basis for the advice you received against communicating with the press about issues that fall within your commission's subject matter jurisdiction. I am not aware of any basis for a broad prohibition along these lines, though it is possible to imagine situations where Brown Act […]

December 5, 2011
Asked and Answered

First Amendment

Know your rights when protesting in public space

We are a group of people who want our public beach to be safe for pedestrians. When we go onto the beach, we are threatened by the Off-Highway Vehicle (OHV) Division of California State Parks and Recreation who uses our beach as a highway to the Oceano Dunes Recreation Area in Oceano, California. The […]

June 14, 2009
Asked and Answered

Brown Act

Does the Brown Act allow closed sessions to appoint legal firm?

[…] a presentation on their firm in open session. After each presentation, the board went into closed session pursuant to GC 54957(b)(1), "Public Employee Appointment: General Counsel." I have never seen this done before. Can a legislative body refer to General Counsel as a "Public Employee" and use this GC as safe harbor for closed session?

January 31, 2012
Asked and Answered

Brown Act

Serial Meetings

I'm an education reporter, and have been covering local school boards for years. I need to clarify the term Serial Meeting. Can two board members meet to talk about issues in general -- frustrations, general strategies, how to counter personal attacks -- and then have one of them meet with a third board member […]

June 14, 2009
Asked and Answered

CPRA

Can An Agency Charge Fees for Inspecting Public Records?

[…] inspect emails or get copies of emails based on Government Code section 6253.9(b)? Are they allowed to use rule of cost to construct a record, and the cost of programming and computer services necessary to produce a copy of the record, for the charging of emails either to inspect them or get copies of them?

February 26, 2018
Asked and Answered

Brown Act

Does the Brown Act require minutes from city council meetings?

[…] in a manner open to the public, does not require that a city council take minutes. The Brown Act only acknowledges that a minute book may kept for closed sessions and that a legislative body may require another legislative body over which it has appointed a majority of the members to keep a minute […]

June 5, 2013
Asked and Answered

Brown Act CPRA

City Attorney says legal analysis is a CPRA exemption

A group of citizens is opposing the City Council’s 3/2 vote to allow two digital billboards on city property. Citizens submitted a PRA request for any legal analysis of the proposal. The City Attorney replied the legal analysis is attorney client privileged communication and is therefore a CPRA exemption. However, City Attorney also stated […]

June 10, 2013
Asked and Answered

Brown Act

Recording Meetings without Informing/Consent

[…] of view) that it would constitute a persistent disruption of the meeting. There is nothing in § 54953.4 that would appear to require that the taper provide notice to the Board or other attendees of the intent to tape. Although the Board can order that the taping stop if it is or would constitute […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Are a city manager’ meetings with his staff covered by the Brown Act?

Recently I learned our City Manager approved the implementation of a significant change to a public fee-paid service without presenting it for a city council review or approval, thus also without ever notifying the affected public as a whole or the media of the change. Impacted residents were individually notified to comply with the […]

January 18, 2015
Asked and Answered

Brown Act CPRA School Records

Charter schools and the CPRA

[…] place such as controversial board member resignations, votes to amend bylaws, votes that involved irregular activities and potential conflicts of interest and self-dealing. The minutes I've asked for do exist. They were referred to in other future meetings when the minutes were approved from past meetings. It has now been more than two weeks and […]

July 26, 2013