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Asked and Answered

Brown Act CPRA

Developments on Public Lands

[…] we are not getting answers to our questions, we are shut up on camera at public hearings. We do not believe our city officials and staff are acting in the best interests of the city. Almost half of them now recuse themselves at meetings. They tell us (and businesses in town) that things are […]

June 14, 2009
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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
Asked and Answered

Brown Act Newsgathering

Reporters wrongly ejected from community college council meeting?

I am working on a story about how two of our reporters were ejected from a college council meeting. The chair of the committee believes that their body is not subject to the Brown Act. This committee makes planning, budget and policy recommendations to the college president.

July 19, 2013
Asked and Answered

Brown Act

Does the Brown Act apply when board members attend a Town Hall meeting?

At a recent Town Hall meeting, water rates were discussed. A majority of directors of the water district were in attendance to answer any questions. They did not notice this meeting. Items were discussed that they will vote on. Is this a Brown Act violation?

December 29, 2011
Asked and Answered

Brown Act

Minutes of City Council meetings don’t tell whole story

[…] body must make those records "available for public inspection at the meeting." Gov't Code Â§ 54957.5(b). Of course, it would seem to be a good practice by the government to make materials easily accessible to the public as soon as they are given to members of the legislative body. It may be that there is […]

March 7, 2014
Asked and Answered

Brown Act

Public Commenting, The Brown Act, and Closed Session Items

With respect to public comment at meetings subject to the Brown Act, the Act provides that "[e]very agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body's consideration of the item, […]

June 14, 2009
Asked and Answered

Brown Act

Non-Agenda Items, Emergency Items, and the Brown Act

We may have a violation of the Brown Act. A non-agenda item was brought up and "deemed" an emergency and was voted upon. This after the City Attorney opened the meeting and stated that "the item" would not be discussed. The alleged emergency does not fit any of the emergency statements listed in the […]

June 14, 2009
Asked and Answered

Brown Act CPRA

City-Funded Committees with Non-Public Official Member

[…] were on the committee. The City was asked this question because there is a concern that individuals that were on the committee may benefit directly or indirectly from land purchases the City will make with the open space tax monies. I would like to know your opinion on the City's compliance with the Brown Act.

June 14, 2009
Asked and Answered

Brown Act

Brown Act Violation Concerns Over Closed Session Protocols for Employee Evaluations

[…] administrative leave. The closed session agenda item was added to a special meeting just over 24 hours before that meeting and stated: Public Employee Performance Evaluation/Discipline/dismissal/release ( Government code section 54954.5 and 54947(b)) title: [employee title]. The employee was told verbally the day before that the item was added but he did not get […]

January 20, 2021
Asked and Answered

Brown Act First Amendment

Stripped of First Amendment Rights By City Council

[…] you. 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. No attorney-client relationship has been formed by way of this response.

December 4, 2018