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Asked and Answered

CPRA

Denied access to county’s seismic studies

[…] 6253(c). In addition to some of the specific exemptions that agencies invoke in justifying the withholding of records, some agencies cite the Act's "catch-all" exemption, contained in Government Code § 6255(a). This exemption states that in order to justify withholding a record, the agency must show that "on the facts of the particular case […]

September 29, 2011
Asked and Answered

Brown Act CPRA

CPRA request was denied for document discussed in open session

[…] regarding a legal settlement involving a civil lawsuit against the county filed by a victim of alleged sexual molestation by a county physician, the supervisors discussed corrective action the county would take in response to the lawsuit. However when I asked for a copy of the Corrective Action Plan document, which is sometime posted […]

January 14, 2016
Asked and Answered

Brown Act

Can new board member get updated on past closed sessions?

[…] disclose the information to the new member would be appropriate. Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition 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.

November 28, 2011
Asked and Answered

Brown Act

Agency terminates audio recording of meetings without notice

[…] make them available to the public. I obtain one for a missed meeting. Then skipped a meeting, relying on the availability of the recording, only to be told afterwards, that the staff person did not record the meeting on direction of one of the members. I would like to see them continue. Brown Act relevancy?

September 4, 2016
Asked and Answered

Brown Act CPRA

Water agency contractors’ calculations “trade secret”?

[…] but has not responded for a request to review the consulting contract itself. This isn’t academic: the agency asserts that the consultants’ excel spreadsheet originals containing the actual cell-by-cell math calculations are proprietary to the consultant and the water agency itself isn’t privy to the calculations. Here’s the dilemma: first, this means that the […]

January 16, 2012
Asked and Answered

CPRA

Does Brown Act apply to nonprofit and government agency overlap?

A nonprofit 501c3 foundation was set up to raise money for a public agency, incorporates the name of the agency into its name, uses the agency’s facilities and relies on the agency to act in the capacity of employer of its staff. Is it arguably a public agency, and as such subject to CPRA?

May 30, 2013
Asked and Answered

Brown Act

School board closed session “under the guise of labor negotiations.”

Our Unified School District is always walking a very fine line when it comes to the Brown Act. At the last Board of Trustees meeting, the superintendent stated, and three trustees confirmed, that the district has come up with a plan to tackle the multimillion-dollar shortfall it's expecting for the next school year. The superintendent […]

February 20, 2015
Asked and Answered

Brown Act

Brown Act or Bylaws Violation?

If a standing committee's bylaws stipulate that two meetings will occur in a certain period of time, and there is no quorum present for one of the two meetings, is the committee obligated to schedule another meeting to remain Brown Act compliant?

January 3, 2011
Asked and Answered

Brown Act

Can new board members ask for past closed session update?

[…] disclose the information to the new member would be appropriate. Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition 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.

February 20, 2011
Asked and Answered

Brown Act

Forcing public official to attend Brown Act training

[…] general interest ... to public agencies of the type represented" by the board. Gov't Code sec. 54952.2(c)(2). So, if there was a training session for members of bodies like the district board, then some or all of your board members could attend. Second, given the broad definition of what constitutes a meeting covered by […]

June 14, 2009