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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

    Special Districts: County Water District

    […] of the board of supervisors shall be as follows: 'The Board of Supervisors of the County of _____ ordains as follows.'" Special districts are subject to the Brown Act's requirements for noticing and hearing.  See Govt. Code Sections 54950-54963; see also CFAC web site. In particular, the Brown Act provides that "t least 72 […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Selling property and public input

    Government Code section 54956.8 permits a legislative body to meet in closed session to advise its negotiator concerning the "price" and "terms of payment" in connection with the purchase, sale, lease or exchange of property by or for the agency. A California appellate court stated that the purpose for the exception arises out […]

    June 14, 2009

  • Asked and Answered

    CPRA FOIA

    Record of state and federal spending

    […] legislature and judiciary to make public all records pertaining to how state and federal tax monies are spent? Would not the California Public Records Act have to comply with Federal Law (i.e. Freedom of Information Act)? If not, could not a suit be brought in federal court seeking an injunction to force the state […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Can I go to small claims to appeal a denial of my CPRA request?

    I understand from your website that there is no administrative appeal process for someone whose request for records was denied under CPRA, and that litigation is the only recourse. Given that, could I feasibly go to small claims for relief in equity to appeal the denial and get my records? Just to clarify, does that also […]

    August 13, 2013

  • Asked and Answered

    Brown Act

    Public comment vs. speaking on agenda item

    […] to speak under Public Comment instead as he was going to be speaking on an item not on the agenda. Come to find out he wanted to actually give his own report on behalf of his group. He later stated that he had the right to speak on the agenda item but my contention […]

    September 27, 2011

  • Asked and Answered

    First Amendment

    How do we respond to government harassment of our protest?

    We had some 15 protesters on a public passage that is a footpath over a major frwy. A   government entity kept harassing us during our protest. We hung large signs over the frwy as these overpasses have metal grids fencing. This in turn slowed but did not impede or block or obstruct moving […]

    September 18, 2013

  • Asked and Answered

    CPRA School Records

    Accessing a school district’s settlement agreements

    […] I should also mention that when no specific exemption applies, agencies often attempt to withhold records from public disclosure by citing the Act's "catch-all" exemption, contained in Government Code § 6255(a). This exemption states that in order to justify withholding a record, the agency must show that "on the facts of the particular case […]

    January 20, 2012

  • Asked and Answered

    First Amendment

    Can my city require six days notice for a permit to picket or is that prior restraint?

    […] Francisco, 952 F.2d 1059, 1065 (9th Cir. 1991) (quoting Frisby v. Schulz, 108 S. Ct. 2495, 2499 (1988).This means that when public streets are at issue, "the government's authority to restrict speech is at a minimum."Gaudiya, 952 F.2d at 1065. In order to restrict speech in a public forum, the restrictions must be content-neutral […]

    October 7, 2011

  • Asked and Answered

    CPRA

    Can I access attorney’s retainer agreement and invoices via the Public Records Act?

    […] § 6255(a). If I am understanding your question, you are trying to get records relating to an invoice and retainer agreement with outside counsel hired by a government agency. Agencies may claim such documents are exempt from disclosure under the pending litigation exemption contained in the Public Records Act under Government Code section 6254(b), or […]

    July 2, 2015