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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

First Amendment

Can Golf Group Nix Magazine Give Away in Parking Lot?

[…] "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 public […]

June 23, 2010
Asked and Answered

Brown Act

Public notice and disclosure of existing litigation

Our school district has a closed agenda item with the following sentence. Is this allowed?A) EXISTING LITIGATION(Subdivision (a) of Section 54956.9)Pursuant to Government Code Section 54956.9(a) the Board will confer with legal counsel concerning existing litigation; disclosure of the case name might jeopardize current settlement negotiations.How can the public comment on a case without […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Printing by public officials

[…] an Express Mail with return receipt requested. Or can I type up a letter with attachments, make a copy of same and hand deliver to whatever county government office is appropriate, then ask for a date stamp on my copy. We do not have a lot of money and since most of the county […]

June 14, 2009
Asked and Answered

Brown Act

Minutes and closed sessions

My question is: Must the minutes reflect a teleconference with the board's attorney to otherwise justify a closed session under 54956.9 that does not state that the attorney was present at the meeting in the minutes? Also, if the minutes are simply in error and there actually was a teleconference with the attorney, would […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Internal audit reports and the CPRA

[…] open session. These reports are not made available during the meeting when requested. These reports are not available for inspection when requested. When I requested the reports, I was told the internal audit reports are not Public Records. I require guidance on possible reason/s these reports would not be subject to either Brown or PRA.

June 14, 2009
Asked and Answered

FOIA

Foreign Officials, Detention, Privacy, and the Freedom of Information Act

[…] that there might be a cover-up and complicity to help the official evade the Philippine justice system. The question is: what can be done to have concerned government agencies release information about the official, why the visa was revoked, and why the official continues to be detained at a Detention Center, and why the official […]

June 14, 2009
Asked and Answered

CPRA

Drafts and Public Record

A government agency may argue that draft reports [and the comments made on the report], such as the type you refer to, can be withheld pursuant to the Public Records Act's exemption for "preliminary drafts, notes, or interagency or intra-agency memoranda" (codified in Gov't Code § 6254(a)). However, such exemption applies only to documents […]

June 14, 2009
Asked and Answered

Brown Act

Do Public Comments Have to be Taken into Consideration

Are legislative bodies required to consider written material presented by the public, during an open hearing not officially called a "public hearing", prior to making a judgment? A county agency heard public comments on an agenda item, was presented with a petition from 29 neighbors requesting a public hearing, didn't read the petition or […]

June 14, 2009
Asked and Answered

Brown Act

Denying public comment

Government Code Section 54954.3(a), requires public bodies to allow public comments not only on agenda items but on any item of interest subject to the body's jurisdiction. The only exception to the public testimony requirement is where a committee comprised solely of members of the legislative body has previously considered the item at […]

June 14, 2009
Asked and Answered

Brown Act

Continuance of Public Hearings

[…] our case tonight. Our group and 200+ residents have been battling a pending project in our area for about 2 years. We are frustrated by the City's actions regarding 7 consecutive continuances they've approved for the City Council hearing. We've checked the City Council bylaws and the County supervisor's bylaws but can not seem […]

June 14, 2009