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Brown Act

No Video Record of Show-of-Hands Votes

[…] in general, bodies subject to the Brown Act are required to make public the vote on all measures. No secret ballots, whether preliminary or final, are permitted. Government Code section 54953(c). However, votes not to take action on subjects properly addressed in closed session may not be required to be made public. Unfortunately, the […]

February 23, 2018
Asked and Answered

Brown Act

How much detail does the Brown Act require for agenda items?

The board of supervisors recently passed a resolution requiring public water and sewer for homes built on properties smaller than 40 acres. The resolution number was not listed on the agenda. Is this a violation of the Brown Act?

June 8, 2012
Asked and Answered

CPRA

Can I access emails of city employees using personal emails for city business?

[…] public officials using private email accounts and mobile phones to conduct the public's business seems to be becoming a pervasive problem. It would seem that if a government official uses a personal email account to send messages relating to the conduct of the public's business, a strong argument could be made that those messages […]

November 17, 2011
Asked and Answered

CPRA

Private institutions, public funds and the CPRA

[…] local agencies. Under certain circumstances outlined in section 54952(c) of the Brown Act (incorporated into the PRA by section 6252 of the PRA), entities that are legislative bodies of a local agency may be subject to the PRA. Section 54952(c) defines "legislative body" as:"(c) (1) A board, commission, committee, or other multimember body that […]

June 14, 2009
Asked and Answered

Brown Act

Whistleblower accused of Brown Act Violation

[…] to a hazardous condition on public property leased by a developer during a publicly noticed joint advisory committee meeting. The County DA is threatening me with a Brown Act violation for attempting to speak out. I never actually made my comment during the committee meeting because the committee walked out of the meeting three […]

May 24, 2018
Asked and Answered

Brown Act

When are closed sessions legitimized under the Brown Act?

I serve as a trustee on a California school board, and I have a Brown Act-related question. At our next board meeting we will be discussing whether to allow exemptions to the ban on carrying concealed weapons on campus (under SB 707). There is some move toward having the discussion in closed session on […]

March 29, 2016
Asked and Answered

Brown Act

School board keeping exorbitant attorney fees in closed session

[…] outside the course and scope of the office or employment." Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.

November 29, 2011
Asked and Answered

Brown Act

Public Comment Identification Requirements

[…] regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker." Cal. Govt. Code Section 54954.3(b). However, this provision must be read together with section 54953.3 of the Brown Act, which provides: " member of the public shall not be required, as a condition to attendance […]

June 14, 2009
Asked and Answered

Brown Act

Convening in closed sessions

[…] Office 2003). With respect to whether the board can hold a closed session to discuss the supervisor search and appointment, the answer to that question is yes. Government Code Section 54957 provides that boards may hold closed meetings to "consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Closed Sessions and Permissible Topics

Section 54956.9 of the California Government Code provides that the legislative body of a local agency, "based on advice of its legal counsel," may hold "a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of […]

June 14, 2009