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  • 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

    Brown Act

    Secret Ballots

    […] the legislative body fails to correct the action within the requisite time period, you must file the lawsuit within 15 days.  Please see the provisions of California Government Code 54960.1 regarding the particulars of the timeline. Alternatively, you may consider filing an action for injunctive or declaratory relief for the purpose of stopping or […]

    June 14, 2009

  • Asked and Answered

    Brown Act CPRA School Records

    School District agenda packets

    […] the Public Records Act.  The Brown Act expressly provides that citizens may request that a copy of the agenda packet be mailed to him or her.  ( Government Code section 54954.1, reproduced below.)  In addition, the Brown Act provides that any documents distributed to all or a majority of the members of a public […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Requesting Audio Tapes, Time of Response

    Under Government Code section 54953.5, any tape or film record of a public meeting "shall be subject to inspection" under the California Public Records Act. However, this section allows the Council to erase or destroy the tape within 30 days after the taping or destroying. The typical procedure to follow in this circumstance would […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Request Denials, No Documentation

    As you know, one of the most powerful tools for monitoring government activities in California is the Public Records Act.  The PRA, however, provides for the disclosure of existing records and not for the disclosure of information in general.  To make effective use of the PRA, it is therefore useful to frame requests in […]

    June 14, 2009

  • Asked and Answered

    CPRA

    How to file a verified petition

    […] plaintiff who prevails in litigation filed pursuant to the Act.  Gov't Code § 6259(d). Bryan Cave 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.

    April 18, 2016

  • Asked and Answered

    CPRA

    Can I use the Sunshine Act to access to state-controlled information?

    Proposition 59 amended the California Constitution to add greater access to government records and meetings.  You can find more information regarding Proposition 59 on the FAC website here: CA Proposition 59. However, if you seek records from a specific state agency, I suggest making a request in accordance with the California Public Records Act. Under the […]

    April 7, 2016

  • Asked and Answered

    Brown Act

    No vote on new superintendent, but of consensus reached in closed session

    The Brown Act contains a few narrow exceptions to its general requirement that meetings be open to the public.  One of these exceptions is found in Government Code § 54957(b), which authorizes public agencies to hold a meeting in closed session "to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public […]

    August 26, 2016