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2007 Open Government Legislative Roundup: Some successes and some failures

2007 Open Government Legislative Roundup: Some successes and some failures By Nick Rahaim The 2007 legislative session started with a host of promising bills that would have created more transparency and would have reversed recent judicial and Attorney General opinions permitting excessive secrecy. There were some successes and some disappointments. The major disappointment was […]
- Government Transparency and Accountability
June 3, 2009
Asked and Answered

CPRA Police Records

Investigative and disciplinary records pertaining to police officers

[…] elder abuse investigation in the community. Through my open records request I was hoping to determine why the detective assigned to investigate, arbitrarily dismissed the case. The department gave no reason. I also asked whether there was any disciplinary action ever taken against the detective. But the department has declined to respond to my request.

June 14, 2009
Asked and Answered

Brown Act CPRA

School Board Agenda Packets Availability

[…] agencies. See Govt Code 54950 et seq. First, with respect to the meeting notice requirements under the Brown Act, a legislative body, including a public school board, must post an agenda at least 72 hours before the meeting. Govt Code 54954.2. In limited situations, special meetings may be called and noticed on 24 hours […]

June 14, 2009
Asked and Answered

Brown Act

Quorums and valid actions

Our Downtown Business Association is under the Brown Act. At the end of our meetings, members leave before the meeting is finished yet they continue to vote and make crucial decisions. The President says that since there was a quorum at the beginning of meeting, they can make decisions even if the members leave. […]

June 14, 2009
Asked and Answered

Brown Act

No vote on new superintendent, but of consensus reached in closed session

The Brown Act contains a few narrow exceptions to its general requirement that meetings be open to the public. One of these exceptions is found in Government Code § 54957(b), which authorizes public agencies to hold a meeting in closed session "to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public […]

August 26, 2016
Asked and Answered

CPRA Police Records

Can law enforcement seal a search warrant that gathered evidence on a civil case?

[…] your first question -- one would imagine that the Penal Code provision is limited to search warrants in criminal cases. It is not immediately apparent why the government could invoke its police powers in connection with a civil case.Again, however, this issue goes beyond our legal expertise. Next, assuming that Penal Code § 1534 […]

August 19, 2011
Asked and Answered

Brown Act

Does newspaper candidate forum constitute a quorum?

[…] question would have come up before, but I don't think it has -- probably because they usually involve less than a quorum of a legislative body. In Government Code section 54952.2(c), the Brown Act Contains a limited number of exceptions in which a quorum may gather without qualifying as a "meeting" that must be […]

October 6, 2009
Asked and Answered

Brown Act

Signing In at Public Meetings

The California Supreme Court has recognized that "' school board of a school district constitutes a "legislative body" of a "local agency"'" under Government Code §§ 54951-54952 of the Brown Act. "'Thus is subject to the requirements of the Brown Act, and must conduct its meetings in open sessions unless a statutory exception authorizes […]

June 14, 2009
Asked and Answered

CPRA

Agency answered cure & correct letter with demonstrable falsehoods

I sent a letter to a public agency requesting "cure and correction," to a Brown Act violation. The Agency responded with a signed document that contained demonstrably false statements of fact. What is the correct name and legal status of this response document? Is it a legal response that is subject to perjury or […]

February 4, 2011
Asked and Answered

Brown Act First Amendment

Board retailiating against former colleague who called them on Brown Act violations

[…] about insurance, until finally I received notice that I would no longer have access to my hanger although the rent was always paid in full and on time. Who helps citizens in my situation? Any gov agency? Legal group? I can’t afford to hire an atty to fight a government agency with unlimited funds. Thanks

August 21, 2011