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Asked and Answered

Brown Act First Amendment

Can ID Be Required to Make Public Comment?

[…] assign next to the public-comment podium that says "Please state your name."I think it might even ask for address. I believe it is in violation of the Brown Act to require people to say their names. It is important in this community that people not have to state their name as an unfortunate individual […]

June 10, 2010
Asked and Answered

Brown Act

Serial Meetings 101

A citizen here has asked the DA to investigate Riverside County supervisors for possible violation of the "serial meetings" provision of the Brown Act. Could someone explain to me exactly how a series of two-person conversations can violate the act? On a five-member board, if A discusses X with B, and then B discusses […]

June 14, 2009
Asked and Answered

Brown Act

Placing items on Agenda and Mayoral Refusal

[…] post an agenda prior to meeting. Cal. Govt. Code Section 54954.2. However, the Brown Act does not dictate the way in which the agenda must be set. Government Code Sections 36802 and 36803 provide that "[t]he mayor shall preside at the meetings of the council" and that the mayor may "discuss any matter as […]

June 14, 2009
Asked and Answered

Brown Act

Personal attacks in public meetings

In a closed session meeting, under The Brown Act, do the normal rules of order and decorum apply? We have a situation where some board members feel they can viciously and personally attack other members of the board with impunity. As this is a closed session, they feel that nothing can be done.

June 14, 2009
Asked and Answered

CPRA

Complaints, and Public Record

[…] etc., I should quote/give them in relation to this? (ie - They say, "We can't give you a copy of complaints, that's not public." I say, " Actually, according to code ______, I am entitled to these records, as they are public.") Please note: I am seeking the list of complaints, as opposed to […]

June 14, 2009
Asked and Answered

Brown Act

Closed Session Voting

In a closed session discussion, a vote was taken regarding the non-reelect of employees. After the vote two people were asked why they voted the way they did (they had not discussed their reasons against the action prior to the vote). Is the reason they gave for the way they voted confidential information?

June 14, 2009
Asked and Answered

Brown Act

Board Voting While Board Member Out of the Room

[…] the board member who had left the room. This occurred on about 4 items. When the board member returned she noticed the votes but said nothing. Is this not a violation of the Brown Act? If so, would you please direct me to the proper place in the act so I may read about it?

June 14, 2009
Asked and Answered

Brown Act

Meeting minutes reveal personal ID information

[…] silent on whether a public agency may require speakers to state their name before or during public comment.See Gov't Code § 54954.3 (public testimony at regular meetings). Government Code section 54953.3 states that a member of the public cannot be required to register his or her name as a condition of attendance at a […]

August 6, 2011
Asked and Answered

Brown Act

Police won’t provide me access to my interrogation reports

[…] for enforcement, can be found at the First Amendment Coalition’s website here. Bryan Cave Leighton Paisner LLP is general counsel for the First Amendment Coalition and responds to FAC 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.

June 18, 2015
Asked and Answered

First Amendment Social Media

Can the City ban negative online posting by public employees, officials?

The First Amendment, with some exceptions, generally prevents the government from limiting citizens’ speech. Employers, with some exceptions, generally have the ability to limit what their employees can say on behalf of the company or while engaged in work functions. Thus, an interesting dynamic is generated when, as in this situation, the government is […]

March 5, 2015