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Brown Act

Should school superintendent’s goals be made in closed session?

[…] withheld from public view because they are considered part of the individual's "personnel file." 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.

April 13, 2012
Asked and Answered

Brown Act First Amendment

Non-English Speaking Participants at City Council Meetings

[…] this speech than if you simply try to speak for an extended amount of time. You should also be aware of the Dymally-Alatorre Bilingual Services Act ( Government Code section 7290 et seq.), which provides that "[i]t is the intention of the Legislature in enacting this chapter to provide for effective communication between all […]

June 14, 2009
Asked and Answered

Brown Act

Cure and correct Brown Act violations

Under Government Code section 54952(b), any "commission, committee, board or other body of a local agency, whether permanent or temporary, decision making or advisory, charged by charter, ordinance, resolution, or formal action of a legislative body [such as the Board of Supervisors]" is subject to the public notice and public meeting requirements of the […]

June 14, 2009
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Blog

The “deliberative process privilege” is dead or, at best, on life support

[…] have been. By Peter Scheer The chairman of the San Bernardino County Board of Supervisors, Bill Postmus, refuses to make public his calendar of meetings and other government events. This refusal takes no small amount of chutzpah, since Governor Arnold Schwarzenegger regularly releases his calendars, as have all other statewide elected officials. Postmus is […]
- Government Transparency and Accountability
June 2, 2009
Asked and Answered

Brown Act

“Briefings” on controversial project really serial meetings?

[…] or by telephone. At the meeting attended by two commissioners, the city manager squelched any dissent about the project and was insistent that they take a positive action on the project the following evening. How much evidence do we need to send a cure and demand letter? Apparently these small group serial briefings are […]

August 18, 2010
Asked and Answered

Brown Act

City Planning Commission failure to address public comment

[…] with the established procedure, I submitted 3 pages of comments before the onset of the meeting. During the meeting my comments were overlooked - the Planning Director claimed they lacked relevance to the agenda item, even though they were directly pertinent to the discussion. Does this incident qualify as a violation of the Brown Act?

April 11, 2016
Asked and Answered

Brown Act First Amendment Newsgathering

When is it okay to videotape a meeting?

[…] by a legislative body that falls within the definition of the Brown Act, then the basic answer to your question is yes, the meeting may be taped. Government Code section 54953.5(a) provides: (a) Any person attending an open and public meeting of a legislative body of a local agency shall have the right to […]

December 5, 2010
Asked and Answered

Brown Act CPRA

Can I be charged for agenda-item documents?

The answer to your inquiry involves the Brown Act, which, as you probably know, is California's Open Meeting Law.The Act requires that the agenda be posted at least 72 hours before the legislative body's meeting, and should contain a "brief general description of each item of business to be transacted or discussed at the […]

October 20, 2011
Asked and Answered

CPRA

When government outsources program are documents public?

[…] question you raise is a difficult one, and my colleagues and I are aware of only spotty authority that addresses the question of public records which the government has effectively outsourced. However, neither case really addresses the particular situation you outline below. In San Gabriel Tribune v. Superior Court, 143 Cal. App. 3d 762 […]

October 10, 2011
Asked and Answered

Brown Act

Internal Decision-Making and the Brown Act

[…] was in regards to building a complex by the river that runs threw our town. We (the neighborhood) are opposed to the complex and the meeting was to address that. She told us it did not matter, and that it was going to pass anyway, despite of our complaints. Is that a Brown Act violation?

June 14, 2009