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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

    CPRA Request being stonewalled by their attorney

    […] acknowledge their attorney as a legal party under the CPRA (there is no mention of attorneys as valid parties under the Act). We have stated that they must respond directly to us but so far they are ignoring us. We are not in litigation with them… we are only exercising our right under the […]

    June 12, 2013

  • Asked and Answered

    First Amendment

    Is there a law about distributing fliers near a courthouse?

    […] "limited public forums," or areas that traditionally have not been made open to the public, but have become public forums for at least some purposes because the government body that regulates a particular area has made it available for use by the public. In order to restrict speech in a public forum or limited […]

    August 27, 2010

  • Asked and Answered

    CPRA

    My PRA request denied, but Buzzfeed published documents on similar case

    […] of 2015, I received a letter from the CBOP citing me for a total of $5000. I was advised by my attorney that since it is a government agency, the citation cannot be fought like a criminal case or a civil case. He called it per se. So I am making payments on it. […]

    September 2, 2016

  • Asked and Answered

    Brown Act

    When should “anticipated litigation” be agendized?

    […] made public two years later in April 2012. During that time, the only notice on the City Council Agenda was "Significant Exposure to Litigation Pursuant to California Government Code Section 54956.9B) (1 Anticipated Case)" which reoccurred from time to time. Since the IRS already knew about their threat of litigation and since public knowledge of […]

    February 3, 2014

  • 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

    Brown Act

    Supervisors multi-tasking during public comment

    […] the public testimony. This is particularly discouraging because this is a massive project with terrible impacts to our community. Does failure to pay attention to the testimony being giver or discussing the matter privately between themselves constitute a Brown Act violation? If so, is the deadline for sending a cure and correct letter 30 days?

    December 21, 2011

  • 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

    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