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Asked and Answered

Brown Act

School district denies Brown Act violation. What next?

[…] and the attorney representing our school district. My letter was sent on April 10, 2013, and it referenced several Brown Act violations related to a School Board meeting on March 12, 2013 where the decision was made to release me from my position without cause. The attorney responded back within 30 days (on May […]

June 17, 2013
Asked and Answered

Brown Act

Informal Meetings and the Brown Act

I understand that the Brown Act prohibits a majority of a Board of Supervisors from meeting together illegally. However, can one supervisor discuss an issue with another two or more other supervisors on a personal, informal basis, one at a time?

June 14, 2009
Asked and Answered

Brown Act

Identifying self while making public comment

The Brown Act provides that "very agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on items of interest to the public that are within the subject matter jurisdiction of the legislative body." Ca. Govt. Code Section 54954.3(a). The Brown Act also provides that […]

June 14, 2009
Asked and Answered

Brown Act

Does the CA legislature have an open meeting law?

You are correct that neither the Brown Act nor Bagley-Keen Act applies to the California legislature. The Grunsky-Burton Open Meeting Act passed in 1989, however, does require "all meetings of a house of the Legislature or a committee thereof shall be open and public" unless specifically exempted. Govt. Code § 9027. Committee includes "a standing […]

December 17, 2014
Asked and Answered

Brown Act

Brown Act rules for scheduling a meeting

Can a majority of members of a body (city council) discuss the logistics (when and where) of scheduling a meeting, including the topic but no content, outside of an official meeting? My thought is yes because no information is exchanged, only the logistics.

October 18, 2013
Asked and Answered

Brown Act First Amendment

Public Comment at meetings, Campaigning, and Freedom of Speech

[…] public speaking during the public comments agenda item from blatantly campaigning for or against a candidate for that body? I believe that that type of discussion is "not a matter subject to the body's jurisdiction." I also believe that such comments at such a meeting are not guaranteed under the first amendment. What say you?

June 14, 2009
Asked and Answered

Brown Act

Are Emails Meetings?

Can members of a public agency use emails (to all members of the board) to share information regarding board matters. These are information only emails, no action is taken, and no votes are taken. They are used to provide information on action that may or may not be taken at the scheduled board meetings.

June 14, 2009
Asked and Answered

Brown Act

Is public college “executive board” subject to Brown Act?

[…] of seven or so members (including the president, vice president, etc.) of the Academic Senate. The Executive Board meets regularly and the Academic Senate bylaws state the meeting must be open to the public. The overall consensus of the Executive Board is that the meeting should be open to the public. (This issue was […]

May 22, 2013
Asked and Answered

Brown Act

Appointing board members and the Brown Act

[…] and only those applications received by November 1st of the year prior to elections will be considered. New Board members are elected at the Board's February regular meeting. However, nothing shall prohibit the Board from drafting new Board members at any time during the year should the need or a vacancy arise." The school […]

June 14, 2009
Asked and Answered

Bagley-Keene Act Newsgathering

Arrested at meeting for commenting on no-public-comment rule

I was arrested recently while attending and covering as a journalist a wildlife protection meeting. The meeting is sponsored and regulated by the California Natural Resources Agency and the Dept. of Fish and Game. The facilitators illegally tried to establish a no public comment and no recording policy at these public meetings. I was arrested […]

July 2, 2010