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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

    Court Records CPRA Newsgathering

    Destruction of Council Office Files

    […] "purging" of documents by an outgoing city councilmember.  Unfortunately, it is not always clear what destruction of records is permissible under California law. Section 34090 of the Government Code provides for the lawful destruction of city records in certain circumstances: Unless otherwise provided by law, with the approval of the legislative body by resolution […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Dealing with a cure and correct notice in a closed session

    […] legal action.  I am thinking our discussion of the cure and correct should be in open session as we need to discuss whether we properly followed the Brown Act in the aforementioned meeting not the actual employee dismissal.  My understanding is this sort of discussion is not allowed to be closed under the Brown […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Circumstances for closed meetings

    Meetings of any "legislative body" of a "local agency" as those terms are defined in California Government Code sections 54592 and 549451, respectively, may hold closed sessions for the following reasons: —To discuss and decide whether an applicant for a license or license renewal who has a criminal record is sufficiently rehabilitated to obtain […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Charter Cities and the CPRA

    The California Public Records Act (California Government Code Section 6250 et seq.) governs access to public information and records from local government, including information and records from cities.  On the local level, all government agencies except the court system are governed by the Public Records Act.  California Government Code Section 6252 defines local agencies […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Barred from entering public school board meeting

    […] be a pretty good argument that the husband was acting as the agent of his board member spouse, in which case what he did would violate the Brown Act (just as if his board member spouse had blocked access to the meeting). The board and spouse would probably argue that the husband wasn't acting […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Personal privacy exemption for public college dean

    […] the kennel where she boards her dog from international locales from that phone. I got the phone bills but all the phone numbers were redacted citing California Government Code §6254(c); Cal. Civil Code §1798.42. I am looking for some guidance as to how to draft a response arguing that these phone numbers should be […]

    October 17, 2013

  • Asked and Answered

    First Amendment

    Can teacher lose job if student-survey questions school board policy?

    […] member would not be protected, it is not clear how the kind of communications you describe would constitute libel or slander. With respect to your second questions, government regulation of employee speech implicates First Amendment issues and is sometimes unconstitutional. The question usually boils down to the "‘balance between the interests of the , […]

    June 5, 2010

  • Asked and Answered

    CPRA

    Records request denied due to ongoing investigation

    […] retained by any state or local agency regardless of physical form or characteristics," Gov't Code section 6252(e) -- are presumed to be open to the public and must be disclosed unless a specific provision of the Act or other law exempts them from disclosure. The first question, therefore, is whether any "writing" exists pertaining […]

    June 5, 2010

  • Asked and Answered

    How much can I spend advertising against a ballot measure?

    […] that expenditures must be reported once specified monetary thresholds are reached. Governor Gray Davis Com. v. American Taxpayers Alliance, 102 Cal. App. 4th 449, 461 (2002). Under Government Code § 82013, a "committee" is defined as "any person or combination of persons who directly or indirectly does any of the following: (a) Receives contributions […]

    July 7, 2010