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Asked and Answered

Brown Act

Is holding a public meeting inside a gated community a violation of California’s Brown Act?

[…] inside a gated community. The POA claims they will allow public access. However, the public would have to drive into the community and be stopped and questioned by a private POA security guard at the gates. Vehicle registration and a valid driver's license are usually required. Is this a possible violation of the Brown Act?

April 28, 2021
Asked and Answered

Brown Act

Is there a Posting Date Requirement for Minutes of Public Agency Meetings?

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

January 20, 2021
Latest News

Blog

Obfuscating Mercy: How the California Supreme Court Finally Addressed Secretive Pardons

[…] court will no longer categorically treat clemency files as confidential. Admin. Order 2021-05-26. Instead, when a member of the public submits a motion to unseal, the governor must resubmit the file in conformity with the court’s access rules. The new rule provides clarity, and removes one of the primary authorities the governor relied on […]
- Government Transparency and Accountability
September 17, 2021
Latest News

Blog

Government officials should listen to voters instead of lawyers selling strategies for blocking access to information

Regardless of what they say to the contrary, government agencies are in the business of withholding information from the public (or, what amounts to the same thing, disclosing only that information that the agencies want the public to have). This tight-fistedness about information is written into government's DNA. But some efforts to withhold information […]
- Government Transparency and Accountability
March 24, 2014
Asked and Answered

Brown Act CPRA

Request denied for fire district celebration guest list

To withhold the report as a"draft," the city must meet a 3-part test set out by the California Court of Appeals: (1) it must show the report is"predecisional" -- i.e., it was prepared to aid the city in making some other decision; (2) it must show the report is not something that the city […]

August 16, 2013
Asked and Answered

Brown Act First Amendment

Swearing in public commenters at open meetings

[…] council on any subject." They go onto to state that anyone making false statements may be held to answer to criminal penalties. They have invoked this "swearing in" requirement on members of the public who have criticized their actions. I am unaware of any authority possessed by the council which would allow such a requirement.

June 14, 2009
Asked and Answered

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