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Asked and Answered

Brown Act First Amendment

Written public comment not read as promised before City Council vote taken

I submitted a written public comments to an agenda item because I could not attend a Special Meeting of the City Council. The City Clerk acknowledged that they had been received and would be read into the record during public comment time period for the specific item. This did not happen and the vote was […]

June 14, 2016
Asked and Answered

Brown Act

A City Council’s COVID-19 Ordinance Allows Only email or Pre-Recorded Telephonic Comments

[…] suspended the requirement that "members of the public may address the body of each teleconference location" and " local legislative body or state body that holds a meeting via teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically. . . shall have satisfied any requirement that […]

January 20, 2021
Asked and Answered

Brown Act

Has the Brown Act changed to allow votes on items not on agenda?

At its last meeting, City Council members were told by the city attorney that the city no longer has to abide by some of the provisions of the Brown Act. He was citing the city's ability to vote on an issue that was not on the agenda, telling them it was OK. Has the Brown […]

March 22, 2015
Asked and Answered

Brown Act CPRA School Records

Are School Board Committee Meetings Subject to the Brown Act?

[…] at my child's Charter school. The elections committee deemed me unqualified under their recently changed bylaws (amended after the application deadline). I requested to attend Election Committee meetings, and was told they are not subject to Brown Act. I submitted a PRA for all minutes and communications from Election Committee meetings, and was told […]

February 6, 2018
Posts

Brown signs “Richard McKee bill” to tighten Brown Act enforcement

[…] was initiated by the late Rich McKee, the Visalia Times-Delta and CNPA. It challenged the Tulare County Board of Supervisors' practice of holding over 46 regular lunchtime meetings outside of public view, without public notification and paid for with public funds. The appeals court ruled that the Brown Act did not allow a prospective […]
- Government Transparency and Accountability
- Public Meetings
October 14, 2012
Asked and Answered

CPRA

Requesting Audio Tapes, Time of Response

During a meeting of the Executive Committee of a Neighborhood Council, I requested copies of the audio and video tapes taken of the meeting because of objectionable comments made about me by one of the board members. I was told during that meeting by the committee members that I could have copies and would […]

June 14, 2009
Asked and Answered

Brown Act

Does the Brown Act apply to city council appointed committees?

Whether the Brown Act's meeting requirements apply to committees created by the city council depends on whether the particular committee may be defined as a "legislative body." Under the Brown Act, a "legislative body" is defined to include a commission, committee, board or other body of a local agency created by charter, ordinance, resolution […]

August 15, 2015
Asked and Answered

Brown Act

JPA’s (Joint Powers Act entities) and the Brown Act

[…] education including the principal areas in need of systemic change." A majority of the superintendents constitutes a quorum. Question: Can a majority of the superintendents hold closed meetings where they discuss general school district issues (which may or may not include special education at any particular meeting) wearing their hats (figuratively speaking) as superintendents? […]

June 14, 2009
Asked and Answered

Brown Act

Rules for noticing city council study session

City Council posted a notice for a Special Meeting (Study Session). Then during the "meeting" it was referred to as a workshop and there was no record of the meeting kept. Study sessions have audios and council meetings are televised. Additionally, there is a pdf that lists the "consensus" of the council regarding chartering […]

April 16, 2013
Asked and Answered

Brown Act

City Councilmembers texting each other while deliberating

[…] a "serial" meeting in violation of section 54952.2(b)(1) might have occurred. The Attorney General's guide offers other illustrations of violations of the Brown Act's prohibition of such serial meetings that you might find helpful as you analyze the situation in Pomona. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to […]

July 10, 2014