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Showing 11 - 20 of 42 results

  • Asked and Answered

    Brown Act

    Grounds for Cease & Desist under the Brown Act

    […] specific past action which violated the Act – Government Code § 54960.1 provides the mechanism for bringing such a challenge.  A complainant must demand the board " cure and correct" the violation before filing a lawsuit. "The demand shall be in writing and clearly describe the challenged action of the legislative body and nature […]

    March 31, 2016

  • Asked and Answered

    Brown Act

    Cure and correct Brown Act violations

    […] held in violation of the Brown Act, you must take certain steps -- such as submitting a written notice of the alleged violation and a demand to cure or correct it.  For most alleged violations, the demand letter must be submitted within 90 days of the meeting at issue, the agency then has 30 […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Could this act of intimidation be a Brown Act violation?

    […] issue at this meeting concerned three of the board members discussing who would make a motion and who would second the motion when the meeting returned on break. I also am interested in retaining an attorney to write a corrective letter and possible legal action against the district for numerous violations of the Brown Act.

    June 10, 2016

  • Asked and Answered

    Bagley-Keene Act Brown Act

    What is the Brown Act statute of limitations?

    […] closed session --- 54957. (2) is the violation. I see from your A&A section that there is only only a 90-day window of opportunity to submit a Cure & Correct letter, but I do not see that spelled out in the Brown Act itself. Where is the statute of limitations spelled out? And if […]

    February 3, 2012

  • Asked and Answered

    Brown Act

    Obligation to stated agenda

    […] posted what he has received.  The Teamster negotiator claims he sent a letter to the State Administrator stating his proposal.  The Board Secretary refuses my request to cure and correct the record that shows the initial proposal was sunshined but takes the position he will post any proposal that he receives.Can I take any […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Improper Noticing of Serial and Special Meetings In Violation of the Brown Act

    […] nullification of a legislative action taken in violation of the Brown Act. Unfortunately, § 54960.1 provides tight timing requirements on filing such an action, including the required cure-and-correct letter to the legislative body. "To state a cause of action, a complaint based on 54960.1 must allege: (1) that a legislative body of a local […]

    March 11, 2020

  • Asked and Answered

    Brown Act

    Can a California City Council Cut Public Comment Time with No Notice Before Meeting?

    […] Council reasserted its rights to limit speech as they see fit because their Rules and Regulations allow them to limit the number of speakers. I sent a Cure and Correct letter with a specific request for a written response to that letter in no more than 30 days (per the Brown Act). I am […]

    August 26, 2020

  • Asked and Answered

    Brown Act

    School district denies Brown Act violation. What next?

    Thank you for your helpful website. I used your Cure & Correct demand template to submit a Cure & Correct letter to the Board of Trustees 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 […]

    June 17, 2013

  • Asked and Answered

    CPRA

    Can I use information revealed in closed session, or is it privileged?

    […] complaints or charges brought against you, you should have be given the opportunity to have them heard in open session, and may bring an action to " cure and correct."  Here is a sample "cure and correct" letter to use as a template. In any event, you may want to request the information you seek by way […]

    September 1, 2016