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Asked and Answered

Brown Act

Brown Act or Bylaws Violation?

If a standing committee's bylaws stipulate that two meetings will occur in a certain period of time, and there is no quorum present for one of the two meetings, is the committee obligated to schedule another meeting to remain Brown Act compliant?

January 3, 2011
Asked and Answered

Brown Act

Can new board members ask for past closed session update?

[…] disclose the information to the new member would be appropriate. 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.

February 20, 2011
Asked and Answered

Brown Act

Forcing public official to attend Brown Act training

[…] general interest ... to public agencies of the type represented" by the board. Gov't Code sec. 54952.2(c)(2). So, if there was a training session for members of bodies like the district board, then some or all of your board members could attend. Second, given the broad definition of what constitutes a meeting covered by […]

June 14, 2009
Asked and Answered

Brown Act

Agenda Item Descriptions

Is it a Brown Act violation for a School Board agenda to include an item on its agenda called "Board Discussion"? I read 54954.2(b) An agenda must ...shall state the meeting time and place and must contain "a brief general description of each item of business to be transacted or discussed at the meeting, […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Can the governing board of a public agency delete recordings of public meetings?

[…] these recordings, even when removed from the agency’s website, should be accessible via a CPRA request. Do removed records have to be saved somewhere for a set period of time? Do they need to be released before they are deleted? If they exist in any form within the institution, must the agency provide these records?

April 1, 2025
Cases

Public Records

MSW Media, Inc. and First Amendment Coalition v. United States DOGE Service

This lawsuit seeks to ensure that the "U.S. DOGE Service" established by President Trump and led by Elon Musk is covered by the Freedom of Information Act on the same terms as any other federal agency.
- Government Transparency and Accountability
March 28, 2025
Posts

CFAC protests new legislation curbing access to government mapping data

[…] CA 95814 RE: Oppose AB 1978 Dear Assemblyman Solorio: On behalf of the California First Amendment Coalition (CFAC), an organization dedicated to freedom of information and open government, I write to oppose your AB 1978 as a misguided attempt to convert public information---paid for by California taxpayers and belonging to all California citizens---into a […]
- Government Transparency and Accountability
June 2, 2009
Posts

Governor Brown decides fate of open-government bills

The Richard McKee Brown Act enforcement bill wasn’t the only open- government legislation to come before Governor Brown at the end of this legislative session. Here’s what happened with the bills that FAC has been tracking this year: AB 1270: Governor Brown vetoed this bill that would have allowed journalists greater ability to request […]
- Government Transparency and Accountability
- Press Freedom
October 12, 2012
Posts

CFAC sponsors bill to prevent agencies from using anti-SLAPP law to deter citizens' open-gov suits

[…] open records and open meetings laws. The bill, SB 786, has been introduced by State Senator Leland Yee. SB 786 is directed to lawsuits in which a government agency, defending itself from a claim of violation of the Public Records Act, the Brown Act or the Bagley-Keene Act, invokes the state anti-SLAPP law in […]
- Government Transparency and Accountability
June 2, 2009
Latest News

Blog

When mayors evade disclosure rules by using personal email accounts for city business, it is democracy that suffers. We’ll know soon if the courts, like the public, have lost patience.

For years government officials in California have known that their emails about official business are subject to disclosure as public records. Although mayors, city managers, supervisors and superintendents may not like this, the applicability of the public records law to email messages is settled. You will not be shocked to learn, however, that many […]
- Government Transparency and Accountability
February 6, 2014