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Asked and Answered

Brown Act

Future Council Members, Participation, and the Brown Act

[…] does not address whether a city council member, present or future, can advocate for a position in the city council. The Brown Act does provide that "[e]very agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body..." and that "[t]he legislative body of a local […]

June 14, 2009
Asked and Answered

CPRA Police Records

Destruction of Memos by the Police Department

[…] Code section 34090.5 allows for the destruction of records without approval of the legislative body or written consent of the city attorney if copies that satisfy the requirements of Section 34090.5(a)-(d) are complied with (for example, such as the requirement that the copies accurately and legibly reproduce the original, the copies be kept in […]

June 14, 2009
Asked and Answered

Brown Act

Barred from entering public school board meeting

[…] preventing the husband from doing what he did (especially if someone made a scene that night or was able to bring this to the attention of other people at the meeting). Finally, it's also possible that, if the husband used any force (eg, touched the teachers while blocking access), there could be a criminal violation.

June 14, 2009
Asked and Answered

Newsgathering

Audio Recording, Meetings

Is it legal in California for a homeowner to secretly tape a HOA meeting. What rights do I have as a homeowner when I find that I have unknowingly been taped of my comments as a homeowner at a monthly HOA meeting? Does any homeowner have the right to tape without disclosure? Does the […]

June 14, 2009
Asked and Answered

Bagley-Keene Act Brown Act

Can Elected Officials Be Seated in the Audience During Meetings?

[…] sit during meetings. You may want to check the legislative body’s bylaws, as the body’s local rules might address seating arrangements. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues […]

February 12, 2018
Asked and Answered

Brown Act

Board member sent out email supporting project coming up for a board vote

[…] email in support of a project they were going to be voting on in the near future. The email went to all trustees as well. None of them responded and no discussion was made back and forth with this email. We do not think it is a violation, but need to know from an expert.

October 24, 2013
Asked and Answered

Brown Act CPRA

State appointed School District Trustee violating Brown Act, CPRA

[…] Act when he did not specify appointments he was making to the School Board to fill vacant seats. He also is denying public review of the application for the School Board seats of those he selected. We sent a letter to the State Trustee asking him to "cure and correct" the Brown Act violation […]

May 18, 2015
Asked and Answered

How much can I spend advertising against a ballot measure?

[…] in providing the electorate with information to assist in the evaluation of candidates for public office and preventing corruption of the electoral process. Id. at 66-68. "[D]disclosure requirements -- certainly in most applications -- appear to be the least restrictive means of curbing the evils of campaign ignorance and corruption that Congress found to […]

July 7, 2010
Asked and Answered

CPRA

How can my records request meet deadline if staff assigned is on vacation?

I made a Public Records Request and received confirmation, but the attorney wrote that my request for is too complex to release now. I sent a reply and learned that the attorney left on vacation for a week. I don't think there's an I'm-on-vacation exception in the CPRA. What do I do now?

September 11, 2015
Asked and Answered

Brown Act

Regulations on public comment

Our City Council's Law & Legislation Committee recently heard a proposal whereby the Chair (Vice Mayor), expressed her support for the measure, and restricted opposing testimony. She allowed all those (dozen) in support to testify, and then limited opposition to 1 statement of 2 minutes. All others who were signed up to testify were […]

June 14, 2009