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Asked and Answered

Brown Act

Secret ballots violate Brown Act

The Brown Act expressly prohibits secret ballot voting in open meetings. Any item under consideration that is not subject to a specific closed meeting exception must be conducted in a fully open forum. Thus, the city council's action in casting their vote for the advisory committee members by secret ballot does appear to be […]

June 14, 2009
Asked and Answered

Brown Act

Incomplete labor exemption codes within School District closed session agenda

[…] the meeting of the body." The Brown Act, Open Meetings For Local Legislative Bodies, Office of the Attorney General (2003), at pp. 16-17. I agree that merely listing Government Code Section 54957, without any other designation, may be unclear. Pursuant to Gov't Code § 54957(b), a closed session may be held to consider the appointment, […]

March 24, 2016
Asked and Answered

Brown Act

What does Brown Act say about board members’ having secret affair?

[…] are having a sexual affair with each other. Both have spouses and children, yet "secret" affair is so obvious that the the story has been published on a local news website. We suspect vote collusion, conflict of interest and Brown act violations. The school district has refused to investigate the allegations. What can we do?

January 9, 2013
Asked and Answered

Brown Act Newsgathering

Community Association claims parks are private; city says they’re public

[…] and then the city. The parks are considered public by city officials, but the association says those parks are private. My question has to do with the Brown Act. If the community association, a public benefit nonprofit corporation, holds board meetings to discuss these public parks, are these meetings considered open meetings and subject […]

July 17, 2013
Asked and Answered

Brown Act

Does the Brown Act require minutes from city council meetings?

[…] said, the city council's own bylaws will typically address whether minutes must be taken. 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 5, 2013
Asked and Answered

CPRA

Private information in the public record

The State of CA Medical Licensing Board has published my private medical info on their License Verification website. Based upon the premise that under the Public Records Act, my license is a Public Document that the public is entitled to see. They claim they are required to tell the Public their justification for giving […]

June 14, 2009
Asked and Answered

Brown Act

Planning a Closed Session to Allow Confidential Documents

[…] have reached an agreement to allow the board members to access documents in closed session so that it will be covered under the Brown Act. Can a government entity plan a session to fall under the Brown Act to keep information confidential on hiring documents when it's not for the purpose of actually hiring […]

June 14, 2009
Asked and Answered

Brown Act

Lawsuits Among School Trustees

The Brown Act provides that the legislative body must disclose certain information about what has transpired in a closed session and that certain information acquired in closed session must not be disclosed, absent authorization from the legislative body. As for mandatory disclosure, with respect to pending litigation, the body must disclose a decision to […]

June 14, 2009
Asked and Answered

Brown Act

Are Emails Meetings?

Can members of a public agency use emails (to all members of the board) to share information regarding board matters. These are information only emails, no action is taken, and no votes are taken. They are used to provide information on action that may or may not be taken at the scheduled board meetings.

June 14, 2009
Asked and Answered

FOIA Police Records

Accessing Information from ICE

[…] to state: how many people have been arrested; who has been arrested; where they have been taken, etc. I've heard that ICE has invoked the federal Privacy Act as a reason for withholding even basic information. My question is: What are the rights of journalists, under FOIA or other authority, to demand this information? […]

June 14, 2009