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Asked and Answered

Brown Act

The board reached ‘a unanimous decision’ but also claimed ‘no action was taken’ in closed session

[…] action was taken." I do not understand how no action could have been taken yet there was a unanimous decision of the Board. There have been multiple Brown Act violations by this board but this is the only one reaching the status of a misdemeanor as far as I can tell. Could you refer […]

May 25, 2011
Asked and Answered

CPRA FOIA

Hospital Records

[…] discuss with them under the California Information Action, to obtain records of others that have contracted this infection at the hospital just prior and after I was admitted and discharged. Are my rights enforceable under the California Information Act, California Public Records Act, Patient Access to Medical Records law or the Federal Freedom of Information Act?

June 14, 2009
Asked and Answered

Bagley-Keene Act Brown Act

Closed Session on Employee Performance

I am hoping you can tell me whether language that appears in an upcoming school district agenda meets the requirements of the Brown Act. This the language as it appears in the agenda • Public Employee, to consider appointment, employment, performance evaluation, or dismissal of employee pursuant to GC §54957, as cited in the […]

June 14, 2009
Asked and Answered

Brown Act

Closed sessions under the Brown Act

If the board of the public charter school is a "legislative body" under the Brown Act, it is subject to the Brown Act and can discuss only certain topics during closed session. Whether or not the Brown Act is violated by closed meetings depends upon whether the subject matter was one properly discussed in […]

June 14, 2009
Asked and Answered

Brown Act

Can California Agencies Continue to Hold Meetings Remotely After the State Reopens?

I asked a water agency in California if it planned to continue holding meetings online after the state reopens this month, and it said that would not be legal under the Brown Act. Is that true?

June 11, 2021
Asked and Answered

Brown Act

Does Brown Act allow public meeting recordings to be destroyed?

[…] We are seeking assistance in requesting copies of e-mails from a county board. We believe that the decision made during a meeting was a result of a Brown Act violation that occurred prior to the board meeting. Also we are trying to get a copy of the recording that was done during the meeting. […]

March 25, 2013
Asked and Answered

Brown Act

Does Brown Act allow City secrecy about power plant plans?

[…] disclosure, you will likely be able to recover your legal fees from the Commission. 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.

June 14, 2013
Asked and Answered

Brown Act

Denied right to have job termination discussed in open meeting

[…] fired from my job at the Community College District. I requested an open session for the appeal to the Board for my termination and was denied. I made three requests in writing, all of which were denied by the District. I believe it is my right to an open session according to the Brown Act.

August 2, 2011
Asked and Answered

Brown Act

Engaged couple running for school board a conflict of interest?

[…] two are engaged. This fact is the reason why the former city manager quit because of a conflict of interest when they were only romantically involved. Is it ethical or illegal for two engaged candidates and/or possible board members to be on the same board. Is this a potential conflict, maybe of the Brown Act?

July 7, 2010
Asked and Answered

Brown Act

Informal Meetings and the Brown Act

I understand that the Brown Act prohibits a majority of a Board of Supervisors from meeting together illegally. However, can one supervisor discuss an issue with another two or more other supervisors on a personal, informal basis, one at a time?

June 14, 2009