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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

    Brown Act CPRA First Amendment

    City gone wild with continual Brown Act and CPRA violations

    At last night’s city council meeting one city councilperson was censored by having his microphone turned off in the middle of his public comments. He was talking about how the city has lost millions and given away millions more as favors to certain council and city staff friends. Actions are being taken by the […]

    May 16, 2012

  • Asked and Answered

    Brown Act

    Getting information from closed sessions

    Our board has agendized for the upcoming meeting the following under closed session using 54956.9 for the below items. a.  Public Employee Discipline/Dismissal/Release b.  Conference with Labor Negotiator Does this mean that during open session they need not disclose the position of the employee that was being disciplined and dismissed or what the labor […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Does the Brown Act Allow Consultant’s Report Reviewed in Closed Sessions?

    […] the majority of members of the board of supervisors in violation of the Act.  You can find a detailed list of exceptions to the Brown Act’s open meeting requirement on the here: Even if this discussion falls within one of the narrow exceptions that permit closed sessions under the Brown Act, it still must […]

    January 6, 2020

  • Asked and Answered

    Brown Act

    Can settlements be negotiated in closed session if no pending litigation exists?

    […] circumstances, there is a significant exposure to litigation against the local agency. (2) Based on existing facts and circumstances, the legislative body of the local agency is meeting only to decide whether a closed session is authorized pursuant to paragraph (1) of this subdivision. (3) For purposes of paragraphs (1) and (2), "existing facts […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Davis-Stirling Act

    […] at Civil Code Section 1350) provides for the governance of property owners' associations and does contain some provisions about what kind of notice must be provided for meetings.  The requirements of the Davis-Stirling Act are beyond the scope of expertise of this service. Conceivably, however, a governing body subject to Davis-Stirling could also be […]

    June 14, 2009

  • Posts

    FAC Urges Merced School Board President to Stop Threatening Speech Rights

    […] two and a half years, the board’s president has regularly warned members of the public that "derogatory comments against district employees or others made in a board meeting can be actionable as defamation under certain circumstances," before comment periods of its public meetings. FAC Legal Fellow Annie Cappetta sent a letter to Brooks, explaining […]

    October 28, 2024

  • Latest News

    FAC Receives $30K Grant from Central Valley Foundation — and $10K Matching Opportunity

    […] FAC Executive Director David Snyder. "This grant will allow us to continue and expand our fight for speech and press freedoms, public access to government records and meetings, and civic engagement." FAC’s recent groundbreaking work includes itsefforts in defense of freelance journalist Bryan Carmody, who was raided by San Francisco police in violation of […]

    September 12, 2019

  • Asked and Answered

    Brown Act

    When should “anticipated litigation” be agendized?

    […] litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5. (D) A statement made by a person in an open and public meeting threatening litigation on a specific matter within the responsibility of the legislative body. (E) A statement threatening litigation made by a person outside an open and […]

    February 3, 2014

  • Latest News

    Blog

    Judge orders release of SF Ethics Comm’n docs, despite claim of attorney privilege

    […] a San Francisco resident and long-time activist for open government, noted that Sunshine Ordinance Sec. 67.24(b)(1)(iii) establishes disclosability of city attorney's advice regarding city and state open- meetings and public-records laws and ethics codes. Though the Sunshine Ordinance (Administrative Code Secs. 67.1 et seq.) established an 11-member task force to monitor city agencies' compliance […]

    November 1, 2013