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  • Pages

    Explainers

    […] Cal. App. 4th 1411, 1421 (1995). Another court has explained why the catchall exemption must be narrowly applied: We remain mindful that openness in the activities of government is fundamental to the exercise of our constitutional rights and our ability to function as a democracy. Courts must be alert to contentions by government entities […]

    July 3, 2024

  • Handbooks

    Police Transparency Handbook

    For decades, California was one of the most secretive states when it came to internal law enforcement records, with officers having more privacy protections than other government employees. This veil of secrecy began to lift starting in 2019, after California passed landmark legislation that made certain use-of-force and officer misconduct records accessible under the […]

    September 6, 2024

  • Posts

    Vote YES on Prop 42 if you value open-government. Vote no if you prefer secrecy.

    Prop 42, on the ballot for California's June 4 election, will amend the Constitution to assure that local governments are legally bound to observe open-government requirements. If you prefer transparency to secrecy in your city government, local school board or county government, then the choice is clear: You should vote for Prop 42. Prop […]

    May 13, 2014

  • Asked and Answered

    CPRA

    Does the CPRA cover private entities that do work for government?

    […] from these departments are often excluded from public view due to the exemption.)    Bryan Cave 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.

    March 6, 2014

  • Asked and Answered

    Brown Act

    When does a non-profit fall under the Brown Act?

    A private entity will be subject to the Brown Act only if it was either: (A) created by a governmental body in order to exercise governmental authority delegated to it, or (B) both receives funds from and and shares a board member with a local governmental agency. Govt. Code section 54952(c)(1). Thus it seems […]

    July 31, 2013

  • Asked and Answered

    Brown Act

    Governing Boards with Public Funds

    […] that the mere receipt of public funds by a co-op or other typically private entity, without more, does not subject the entity to the Brown Act.  California Government Code section 54952(c) sets forth two sets of circumstances under which such an organization might be subject to the Brown Act's open meetings requirements: First, a […]

    June 14, 2009

  • Asked and Answered

    Brown Act First Amendment

    Taping of public charter school meetings curtailed by corporate owners

    […] and asked that this item be placed on the next agenda and what law was the CEO referring to that he can enact these restrictions along with the public entities that does this. Our local public non charter school district records, televises and plays their meetings on local TV multiple times in the month. We need […]

    October 13, 2014

  • Latest News

    Blog

    Public officials’ love of secrecy is no match for the public’s love to watch government decision-making up close. In California, democratic voyeurism prevails.

    […] ambitions notwithstanding, ain't the Governor. California’s chief executive, as the embodiment of state sovereignty, is entitled to a degree of deference that does not apply to lesser government officials. Even more important, the Governor's office is not covered by the Brown Act (or its equivalent for state agencies, the Bagley-Keene Act) and its guarantee […]

    June 2, 2009