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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

    CPRA

    Councilman asks intern on date via city issued cell

    […] not disclosing the record clearly outweighs the public interest served by disclosure of the record. Gov't Code section 6255(a). However, the use of this section by the government requires a "case-by-case balancing process, with the burden of proof on the proponent of nondisclosure to demonstrate a clear overbalance on the side of confidentiality." Michaelis, […]

    November 21, 2009

  • Asked and Answered

    First Amendment

    Controversial art in public spaces

    […] of the art pieces constitutes a violation of the artist's First Amendment rights, we can give you a general framework for analyzing regulation of speech activity on government property. The United States Supreme Court in Perry Education Assn. v. Perry Local Educators' Assn., 460 U.S. 37 (1983), announced a three-part framework for determining how […]

    June 14, 2009

  • Asked and Answered

    CPRA

    City avoiding disclosure of personal email

    […] 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 […]

    January 13, 2012

  • Asked and Answered

    Brown Act

    When can a public Board claim attorney-client privilege?

    […] the published agenda. The purpose of the meeting, which included  a city attorney, was for several board members wanted to present their case against me as a Brown Act violator.  I believe the lawyer was invited to establish a claim of attorney-client privilege to hide their actions from public scrutiny. Can they get away […]

    March 25, 2013

  • Asked and Answered

    CPRA

    Documents once public now denied

    […] medical technicians association 3. In paper copies as provided by that group. Since July 26 2010 we have submitted the same records request have been denied under Government Code section 6254(c: "The information that you seek constitutes examination data used to administer a licensing examination. As such, this information is exempt from disclosure under […]

    January 12, 2011

  • Asked and Answered

    CPRA

    Obtaining the names of notaries public

    […] to County Clerk offices in the first place by a representative at the National Notary Association. Somehow, I feel I am being misled or altogether shunted by government employees who either don't want to or don't know how to help me. Isn't the information I am seeking public information, under the CA Public Records […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Model Letters

    I was wondering if, under "Model Letters" on the website, CFAC can provide a model letter in regards to a general Ralph M. Brown Act request of an agenda/agenda packet to an organization? I believe this would be helpful as it will communicate clearly to the receiver that they are legally mandated to do […]

    June 14, 2009

  • Asked and Answered

    Brown Act First Amendment

    Limiting Public Comment at Meetings

    […] and politically, they could never get away with applying such a rule to non-consent agenda items, and that this represents a large and dangerous loophole in the Brown Act and 1st Amendment if permitted. In particular, this particular rule also appears targeted at a single, specific individual who is consistently the primary target of […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Government Employee Benefits Records

    As a part of freedom of information act, government employees receive their salaries and benefits which are sourced from funds that were generated from the tax base (tax-paying public). I want to know names and amounts of financial benefits (social services/housing) that each person in Santa Clara County receives, as those are also sourced […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Collective concurrences, serial meeting, and the Brown Act

    Much of the material I've found prohibits use of email when its intent is "to develop a collective concurrence as to action to be taken by the board". What about using email to other directors to distribute information, to express an opinion, to alert them to an urgent matter, etc.? In other words, communication […]

    June 14, 2009