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Asked and Answered

Brown Act

Closed Sessions under the Brown Act

[…] a local district meets in closed session without any prior notification to the public. It makes a personnel decision during that closed session and announces it to the public. Question: Is the unannounced closed session meeting in accordance with Brown Act or any other law? If not, what are the legal ramifications of that meeting?

June 14, 2009
Asked and Answered

Brown Act

Closed meeting votes and the Brown Act

Under the Brown Act, can a sitting city council conduct a secret vote (no public notification) whether to consider a legally filed candidate for a city commission appointment, and then, refuse to make public how each council member voted or how the tally went when they do appoint candidates to a commission?

June 14, 2009
Asked and Answered

Brown Act

Brown Act and Homeowners Associations

[…] last night tried to videotape a meeting that I could not make, and security told her to stop and she complied. It is my understanding that the Brown Act applies to HOA's from this site, I believe. Is this true, did the HOA do something illegal last night in denying my wife access of […]

June 14, 2009
Asked and Answered

Brown Act

How to file a Brown Act complaint

[…] action to enforce the Brown Act may be entitled to recover attorneys' fees. The details of this enforcement procedure are set out in Section 54960.1 of the Government Code. (see Text of the Brown Act). Again, it is not necessary that an attorney file any court action, although if you reach this stage with […]

August 6, 2011
Asked and Answered

Brown Act

Agenda items failed to mention a parcel tax as part of ballot measure

I would like an opinion on whether circumstances surrounding the County Board of Supervisors’ placement of Measure A1 on the Nov ballot in Alameda County violated the Brown Act. a. The measure was first discussed at a special retreat on May 8. The Agenda (see url below) includes no mention of the Oakland Zoo […]

October 23, 2013
Asked and Answered

Brown Act First Amendment

The Mayor Interrupted Me During Public Comment Period of a City Council Meeting. What Can I Do?

[…] times during my three minutes of public comment and I repeatedly said that I was within my three minutes. I urged the city attorney determine whether the mayor was violating the California Brown Act and the 1st Amendment. I was ignored and felt like my 1st amendment freedom of speech had been violated. Please advise.

March 3, 2021
Posts

FAC Opposes Legislation that Would Weaken Public Oversight of Government Officials in California

It’s about accountability We are writing to alert you to legislation pending in California that would take the wrong lesson from the pandemic and weaken open- government laws under the guise of increasing remote access to meetings. The most problematic provisions undermine the democratic values of open government and oversight of our public institutions […]
- Government Transparency and Accountability
May 13, 2022
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Blog

Time to Bring California’s Open Meeting Law into the 21st Century

[…] Corporations in today’s economy couldn’t function without email (or text messaging or online collaboration tools like Google Docs). But city council members are forbidden to discuss government business using group email; indeed, doing so is a crime (albeit one that is almost never prosecuted). Group email is forbidden because communications among a majority […]
- Government Transparency and Accountability
September 30, 2015
Asked and Answered

Brown Act

Times of public meetings

Is there a time constraint on the scheduling of public meetings? My issue: can a City Council start a Study Session on a hot topic at 10 PM on a weeknight, effectively limiting the participation of people who must work the next day?

June 14, 2009
Asked and Answered

Brown Act School Records

Right to Videotape School Board Meetings

Yesterday, I videotaped a School District Board Meeting and I was under the understanding that citizens are allowed to videotape as specified under the Government Code Section 54954.3, the Brown Act. After the meeting, I was approached by two district personnel, one of them being the district superintendent. Both of them told me I […]

June 14, 2009