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Government officials should listen to voters instead of lawyers selling strategies for blocking access to information

Regardless of what they say to the contrary, government agencies are in the business of withholding information from the public (or, what amounts to the same thing, disclosing only that information that the agencies want the public to have). This tight-fistedness about information is written into government's DNA. But some efforts to withhold information […]
- Government Transparency and Accountability
March 24, 2014
Asked and Answered

Brown Act CPRA

Request denied for fire district celebration guest list

To withhold the report as a"draft," the city must meet a 3-part test set out by the California Court of Appeals: (1) it must show the report is"predecisional" -- i.e., it was prepared to aid the city in making some other decision; (2) it must show the report is not something that the city […]

August 16, 2013
Asked and Answered

Brown Act First Amendment

Swearing in public commenters at open meetings

[…] council on any subject." They go onto to state that anyone making false statements may be held to answer to criminal penalties. They have invoked this "swearing in" requirement on members of the public who have criticized their actions. I am unaware of any authority possessed by the council which would allow such a requirement.

June 14, 2009
Asked and Answered

Brown Act

No Video Record of Show-of-Hands Votes

[…] in general, bodies subject to the Brown Act are required to make public the vote on all measures. No secret ballots, whether preliminary or final, are permitted. Government Code section 54953(c). However, votes not to take action on subjects properly addressed in closed session may not be required to be made public. Unfortunately, the […]

February 23, 2018
Asked and Answered

Brown Act

How much detail does the Brown Act require for agenda items?

The board of supervisors recently passed a resolution requiring public water and sewer for homes built on properties smaller than 40 acres. The resolution number was not listed on the agenda. Is this a violation of the Brown Act?

June 8, 2012
Asked and Answered

CPRA

Can I access emails of city employees using personal emails for city business?

[…] public officials using private email accounts and mobile phones to conduct the public's business seems to be becoming a pervasive problem. It would seem that if a government official uses a personal email account to send messages relating to the conduct of the public's business, a strong argument could be made that those messages […]

November 17, 2011
Asked and Answered

CPRA

Private institutions, public funds and the CPRA

[…] local agencies. Under certain circumstances outlined in section 54952(c) of the Brown Act (incorporated into the PRA by section 6252 of the PRA), entities that are legislative bodies of a local agency may be subject to the PRA. Section 54952(c) defines "legislative body" as:"(c) (1) A board, commission, committee, or other multimember body that […]

June 14, 2009
Asked and Answered

Brown Act

Whistleblower accused of Brown Act Violation

[…] to a hazardous condition on public property leased by a developer during a publicly noticed joint advisory committee meeting. The County DA is threatening me with a Brown Act violation for attempting to speak out. I never actually made my comment during the committee meeting because the committee walked out of the meeting three […]

May 24, 2018
Asked and Answered

Brown Act

When are closed sessions legitimized under the Brown Act?

I serve as a trustee on a California school board, and I have a Brown Act-related question. At our next board meeting we will be discussing whether to allow exemptions to the ban on carrying concealed weapons on campus (under SB 707). There is some move toward having the discussion in closed session on […]

March 29, 2016
Asked and Answered

Brown Act

School board keeping exorbitant attorney fees in closed session

[…] outside the course and scope of the office or employment." 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 29, 2011