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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
Asked and Answered

Brown Act

School board offered settlement based on bad information; how can I set the record straight?

The Brown Act itself only governs the extent to which government meetings need be open and accessible to the public. It does not otherwise speak to the validity of governmental action. So the Brown Act itself does not provide any basis for overturning the decision on the basis of the error. But I think […]

February 20, 2012
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

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
Asked and Answered

Brown Act

Closed Sessions of City Council Meetings

The Brown Act -- the California law that requires meetings of the legislative bodies of government agencies to hold their meetings in public -- provides that before holding a closed session, the body must identify, in an open and public meeting, the items to be discussed in closed session. If the information required to […]

June 14, 2009
Asked and Answered

Brown Act

Individual Meetings for Review

Does the following constitute a violation of the Brown Act's prohibition on serial informal meetings? An architect of a controversial project in Palo Alto met individually with 4 of 5 members of the Architectural Review Board following a particularly negative public review. It seems his purpose was to get feedback on his designs and […]

June 14, 2009
Asked and Answered

First Amendment Social Media

Former Employer Blocked My Twitter Account Stopping Me From Accessing COVID-19 Info

[…] question: can I file a lawsuit or complaint and possibly receive damages for them violating my First Amendment right of receiving free speech and notices from a government organization, and -- because of the block -- possibly blocking my right as a free American in posting on social media my displeasure with a publicly […]

August 7, 2020