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Handbooks

California Public Records Act Primer

[…] with contributions from Advocacy Director Ginny LaRoe and Executive Director David Snyder. This handbook was updated in 2023 to reflect the renumbering of the California Public Records Act. The California Law Revision Commission has this table showing how previous sections of the Public Records Act were renumbered. This is for informational purposes only. It is not […]
- Government Transparency and Accountability
July 8, 2024
Asked and Answered

Brown Act

Are Community Action Agencies Subject to the Brown Act?

You would think that Community Action Agencies (nonprofit 501c3) would be subject to the Brown Act since they were created under the Economic Opportunity Act of 1964, are required to have one-third of their board made up of elected officials, and receive huge amounts of federal and state tax payer monies, etc. But a […]

October 30, 2020
Asked and Answered

Brown Act

Brown Act violations in closed session real-property negotiations

[…] by me on June 1. I want to delay the sale of the properties being negotiated. I need to know how to use the "Cure and Correct" action to cause the Council to have to invalidate the property sale. I am not sure if an open session vote to proceed with the property sale […]

September 8, 2016
Asked and Answered

Brown Act

Could this act of intimidation be a Brown Act violation?

[…] issue at this meeting concerned three of the board members discussing who would make a motion and who would second the motion when the meeting returned on break. I also am interested in retaining an attorney to write a corrective letter and possible legal action against the district for numerous violations of the Brown Act.

June 10, 2016
Asked and Answered

Brown Act CPRA

Does short notice of public hearing invalidate contract?

[…] debate. No opportunity by the public to question data or evidence other than being allowed 3 minutes to address council. Without going further, can you advise what action I might take? I am aware that So. San Francisco had to repay $3 million in fines it had collected in about 7 months since they […]

June 23, 2010
Asked and Answered

Brown Act CPRA

Access to City Manager’s compensation denied

[…] made public. See International Federation of Professional Engineers v. Superior Court, 42 Cal. 4th 319, 331 (2007) ("he 'broadly based and widely accepted community norm' applicable to government employee salary information is public disclosure"). Although there is an exemption for "personnel" records under the Act that public agencies routinely invoke when they believe a […]

July 28, 2011
Asked and Answered

Brown Act

The Brown Act and Charter Schools

[…] self-electing. Each time a person was elected to the board, either as an interim officer (Treasurer) or as a new board member, the process was listed under Action Items on the Agenda. The word "election" has never been used. The Action Item that resulted in a board member being elected is always listed this […]

June 14, 2009
Asked and Answered

Brown Act First Amendment

Can a city council member control clapping during a meeting?

[…] does not grant to members of the public generally a right to be heard by public bodies making decisions of policy…. Policymaking organs in our system of government have never operated under a constitutional constraint requiring them to afford every interested member of the public an opportunity to present testimony before any policy is […]

April 24, 2025
Asked and Answered

Brown Act

Closed door meetings benefitted labor union at cost of public tidelands

[…] or standing committees of legislative bodies. See Gov’t Code §§ 54952(a) – (b). However, in certain situations, private bodies can also be subject to the Brown Act. Government Code § 54952 indicates that a legislative body includes a private corporation or entity that either: (1) is created by the elected legislative body to exercise […]

November 15, 2011
Asked and Answered

Brown Act CPRA First Amendment

Unposted Supporting Documents and Public Comment on those Documents

[…] that morning. There was no way any of us had time to review the 50 page document before the meeting. Even though I complained about a possible Brown Act violation, the supervisors in the end still voted to approve the item over our objections. Should we have been able to review the "findings" prior […]

June 14, 2009