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Showing results for government bodies must comply brown act 54951 act90 54951 act 54951 act90 54951 54951 54951

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
Asked and Answered

CPRA Police Records

Is footage taken by an officer wearing a body-camera a public document?

How do I go about requesting from the Police Dept. footage taken with a hidden camera worn by one of their officers? Also if it actually wasn't a Dept. issued body camera but either a personal or Dept. Issued cell/smart phone set up as a camera worn on the officer's person, does that footage qualify under the Public […]

June 12, 2014
Asked and Answered

Brown Act

Rules for noticing city council study session

[…] didn’t attend because I thought it would be televised. Then I thought I would be able to purchase an audio recording, but none exists. This seems like an attempt to avoid transparency and I fear if this is okay, it will start occurring with more frequency. Interested in how this jibes with the Brown Act.

April 16, 2013
Asked and Answered

Brown Act

School Board Meetings without Notice

[…] contract negotiations with the teachers' union. The following message appears on the school district website: "When meetings are called regarding negotiations, based on the provisions in California Government Code Section 3549.1, notice is not required to be given to the public." The School board trustees have already held one such "secret" meeting andare intending […]

March 18, 2010
Asked and Answered

CPRA FOIA

Third time no charm: University denies documents, offers no explanation

[…] a sample request letter, helpful: http://firstamendmentcoalition.org/category/resources/access-to-records/. Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to the inquiries, we can give general information regarding open governmentand speech issues but cannot provide specific legal advice or representation. Lawyer's Assistance Request Form Access to Records

February 4, 2011