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Recent court decisions transform legal tools for protecting free speech into an instrument for the suppression of the public’s speech and access rights

[…] legal Frankenstein’s monster. In doing so, they have turned a law designed to protect the public’s exercise of free speech and petition rights into a tool for government suppression of those rights. The decisions in Holbrook v. City of Santa Monica and Californians Aware v. Orange Unified School District both arise from the efforts […]
- Government Transparency and Accountability
- Public Records
June 3, 2009
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Government officials beware: the “private” emails you write today will be public tomorrow

It has become a regrettably common practice. . . . Local government officials, when sending emails about government business, use their private email accounts--rather than their dot-gov accounts--to assure that the messages will never see the light of day. In a case involving the city of San Jose, a Superior Court judge recently ruled […]
- Government Transparency and Accountability
- Public Records
April 24, 2013
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Brown signs anti-sunshine bill, setting up 1st Amdt battle. Do labor rights trump democracy?

[…] to receive information from their elected officials, and by elected officials’ derivative First Amendment rights to communicate with constituents about matters of public importance—-which union contracts covering government employees surely are. These communications are the essence of democracy, enabling the people to hold government accountable. And the essence of democracy is non-negotiable (to paraphrase […]

October 27, 2015
Asked and Answered

First Amendment

In Texas, town hall meeting nixed videotaping

Is there an equivalent of a Brown Act for Texas? I was at a Congressional town hall meeting, and a member of the Congresswoman's staff told me I was not allowed to video record the meeting. Is that legal?

August 1, 2011
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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

How do we enforce the Brown Act?

[…] the District Attorney to prosecute violations as misdemeanors. Govt. Code section 54959. The other is by way of private enforcement actions brought as civil lawsuits by individuals. Government Code section 54960. Such private actions may be brought to declare actions taken in violation of the Brown Act null and void, or to declare that […]

December 22, 2011
Asked and Answered

Brown Act

Labor negotiations and the Brown Act

[…] Brown Act for certain employee evaluations. This "personnel exception" permits closed sessions to "consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee." Government Code 54957(b)(1). However, section 54957(b)(4) further provides: "Closed sessions . . . shall not include discussion or action on proposed compensation except for a reduction of […]

June 14, 2009
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Bagley-Keene Act Brown Act

Juvenile Justice Commissions and the Brown Act

Are the meetings of Juvenile Justice Commissions, which are entities created by California W & I Code Set. 225, governed by the Brown Act?

June 14, 2009
Asked and Answered

Brown Act

Destruction of Public Records

[…] be immediately destroyed concurrent with the vote to stop recording future sessions. Aside from the obvious Brown Act violation in that it wasn't agendized, do you know the rules on retention and destruction of government records and, specifically, the limits on destroying tapes of closed sessions (These are the only existing records of these sessions).

June 14, 2009