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  • Asked and Answered

    Brown Act

    Non-profits, public funds, and the Brown Act

    I am a voting member of a nonprofit corporation, a preschool cooperative.  If the corporation receives public money in the form of a grant is its board bound by any state open meeting laws?

    June 14, 2009

  • Asked and Answered

    CPRA

    Withholding of Juveniles’ Names in Police Records

    […] involved in crime. But there have been recent cases of juveniles being murdered in gang violence. Even though the juvenile is deceased, the police are still not forthcoming with the victim's name. This is probably not within the jurisdiction of the CPRA. Are there any other laws on the books that would require the […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Legal Action Against a Board Member in Closed Session

    Is it legal for the superintendent and board president to put under closed session anticipating legal action regarding a board member without notifying that board member of the reasons, etc.?

    June 14, 2009

  • Asked and Answered

    CPRA

    Filing Complaint under State Audits Guidelines

    In accordance with the guidelines on the CA. Board of State Audits web page (http://www.bsa.ca.gov/hotline/), I filed a complaint online concerning the improper use of outside contractors. I have requested various documents under the California Public Records Act in support of this complain. To date, I've only received a copy of the contractor agreement describing […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Limitation On Public Comments At City Council Meeting

    […] concluded that five minutes per speaker is a reasonable amount of time, while a California court has held that a limit of two minutes per speaker per agenda item is sufficient. See 75 Ops. Cal. Atty. Gen. 89 (1992); Chaffee v. San Francisco Public Library Commission, 134 Cal. App. 4th 109 (2005). We cannot say whether limiting […]

    March 3, 2020

  • Asked and Answered

    Councilman is rude to speakers making public comments. What is our legal recourse?

    […] so bullying and rude to residents during public comments, in official emails to residents and in phone calls and encounters on the streets that the council was forced to adopt a code of conduct. Under COVID-19, it would be especially difficult to do a recall effort. Do any of us have any legal recourse? […]

    September 18, 2020

  • Asked and Answered

    First Amendment

    What are the free speech rights of public employees?

    […] respond to the concern, verify or deny the claim, or give the board information on the subject. This employee has been willing to put her name on complaints and concerns and she has been harassed and retaliated for doing so. What can I do to help her and help the district get back on track?

    May 8, 2019

  • Asked and Answered

    Brown Act

    Are Search & Rescue Board Meetings subject to Brown Act?

    […] of the board of supervisors.  If so, then the search and rescue’s board meetings may be governed by the Brown Act. 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 […]

    September 8, 2015

  • Pages

    Government Transparency & Accountability

    Ensuring public access to information is essential for the people to know what the government is doing in their name. We advance and defend freedom of information — access to public records and public meetings — through education, policy advocacy and litigation.

    July 3, 2024