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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

Drafts and Public Record

A government agency may argue that draft reports , 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 that are "not retained by the […]

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
Asked and Answered

Brown Act

Agendas and sufficiency of “brief general descriptions”

Government Code section 54954.2(a) of the Brown Act provides that at least 72 hours prior to a regular meeting, the body must post an agenda containing a brief general description of each item to be discussed or transacted at the meeting, including items to be discussed in closed session. A "brief general description," […]

June 14, 2009
Asked and Answered

Brown Act

Agenda item questions

[…] items labeled "discussion" be voted upon as action items? Does "other administrative items," and "other administrative items, including delegation of tasks" adequately describe taking action on appointing an already appointed established committee as a subcommittee to this group? What is a definition of a "brief description" of an item as required by the Brown Act?

June 14, 2009
Asked and Answered

Brown Act

Advisory committee subject to Brown Act?

If the air quality district appoints an advisory committee to oversee an air toxics program that will go on for 2-3 years, and it has no members from the Board of Directors (only staff, public citizens), are their meetings subject to the Brown Act? If so, do all the notice, public comment rules apply?

June 14, 2009
Asked and Answered

CPRA

Administrative hearing transcripts

[…] called the judge and he claimed that they were confidential attorney work product. 1. My reading of the California Code is that a transcript of administrative hearings must be made. 2. As a party to the action, and also because this was an open meeting, that transcript should be available to me. 3. This […]

June 14, 2009
Asked and Answered

Brown Act

Minutes deadline

Does a City have a timeframe within which it must provide a record (minutes) of Council Meetings? I am having difficulty in obtaining (being allowed to inspect) minutes from 3 months ago? The city indicates they are not "ready."

June 14, 2009
Asked and Answered

Brown Act

May I request to have agendas mailed to me?

[…] not exceed the cost of providing the service." Gov't Code section 54954.1. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition 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.

October 15, 2013