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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
Asked and Answered

Brown Act

Can A Trustee Mute Another Trustee’s Microphone During A Meeting Streaming On Zoom?

[…] therein. Bryan Cave Leighton Paisner LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation. No attorney-client relationship has been formed by way of this response.

January 20, 2021
Asked and Answered

Police Records

How Can I Access Florida Police Body-Camera Videos?

[…] me on how to get police body-worn camera videos from a Florida law enforcement agency that have not been provided in response to a freedom of information act. Nor were they included in discovery for a criminal case. I believe there is damning evidence on the video of police misconduct, obstruction of justice, malicious […]

June 7, 2021
Asked and Answered

First Amendment

What are the free speech rights of public employees?

[…] employment at the school. While we cannot provide specific advice through this service, I can give you an overview of the First Amendment and its application to government employees. As a threshold matter, it is important to note that "public employees do not surrender all their First Amendment rights by reason of their employment." […]

May 8, 2019
Asked and Answered

CPRA

What are my rights when the Legislature’s Rules Committees haven’t responded to my request for legislative records for more than 10 days?

[…] records shall be made available for inspection promptly and without unnecessary delay." Govt. Code § 9074. Whenever a committee withholds any legislative record from inspection, the committee must justify in writing within four working days of the request that the record in question falls under an express exemption or demonstrate that withholding the record […]

March 6, 2025