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  • Asked and Answered

    Brown Act First Amendment

    When a public official works remotely from a religious institution

    […] the Establishment Cause of the First Amendment.  (To satisfy the Establishment Clause a governmental practice must (1) reflect a clearly secular purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) avoid excessive government entanglement with religion.  Committee for Public Ed. & Religious Liberty v. Nyquist, 413 U. S.756, 773 (1973).)

    June 14, 2009

  • Asked and Answered

    CPRA

    What is a Draft? How does that affect Public Records Requests?

    An agenda report references a third party report. An excerpt from the agenda report: "The city engaged the services of Company to provide a cost benefit analysis of the proposed annexation. The preliminary results show that at project build out...a positive impact... of $1 million annually. This financial analysis will be refined throughout the […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Title IX Compliance Report

    […] the School District has failed to comply with Title IX of the Amendments to the Elementary and Secondary Education Act of 1972.  Then OCR, the agency responsible for compliance with Title IX within the US Department of Education contacted the district and the district filed what the newspaper called a "report housed in a […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Tape recording closed sessions

    As an elected Trustee for a local school district, may I record closed session for my personal use (note taking)? These would not be permanent records as I would reuse the tape for the next recording.

    June 14, 2009

  • Asked and Answered

    CPRA

    Requests for applications of public positions

    […] director of the City's planning department. I will not be allowed to see anything.It is my understanding that CFAC's stance is that I should be allowed to review such materials. Do you have any suggestions as what to do now that I have been noticed that I will not be allowed to see the materials?

    June 14, 2009

  • Asked and Answered

    CPRA School Records

    Records Request, Community College, and Time Limits

    I personally served (Hand Delivered) a Community College back in April a CPRA request for information.  Their attorney sent me a partial package.  However, the main portion of information has not been sent.  As a result, the attorney stated that his paralegal was working on it and that it would be sent out right away. […]

    June 14, 2009

  • Asked and Answered

    CPRA

    How to file a verified petition

    […] obtain a specific record that is part of my case-file with the state. All records I have requested have been sent except one with no reason given for its exclusion. I understand I can submit a "verified petition" with the superior court to issue a writ of mandate requiring the state to provide the […]

    April 18, 2016

  • Asked and Answered

    Brown Act

    What does Brown Act say about board members’ having secret affair?

    […] which they both serve, it is unlikely that any action by just two of the members will implicate the Brown Act. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition hotline inquiries. In responding to these inquiries, we can give general information regarding open government and […]

    January 9, 2013

  • Asked and Answered

    Brown Act

    Can A City Councilmember Change Recorded Vote If It Changes Outcome?

    […] the votes and there was no majority on a particular candidate. So, one of the councilmen changed his vote stating he didn't want to have the matter brought back before the council and wanted to leave to get home for the evening. I've seen other cities prohibit changing a vote where it affects the outcome.

    April 5, 2018

  • Asked and Answered

    CPRA

    University claims to have a year to respond to document requests

    […] for responding can be extended by the agency for an additional 14 days in "unusual circumstances."Gov't Code § 6253(b) and (c).This section goes on to state: "No notice shall specify a date that would result in an extension for more than 14 days. When the agency dispatches the determination, and if the agency determines […]

    January 4, 2011