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Brown Act

How do we enforce the Brown Act?

[…] the District Attorney to prosecute violations as misdemeanors. Govt. Code section 54959. The other is by way of private enforcement actions brought as civil lawsuits by individuals. Government Code section 54960. Such private actions may be brought to declare actions taken in violation of the Brown Act null and void, or to declare that […]

December 22, 2011
Asked and Answered

Brown Act CPRA School Records

Parents not invited to meeting that resulted in removing their autistic student from public school

[…] which exemption applies to those records, and why the records fall within that exemption. 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.

May 16, 2012
Asked and Answered

Brown Act

Minutes of City Council meetings don’t tell whole story

[…] body must make those records "available for public inspection at the meeting." Gov't Code Â§ 54957.5(b). Of course, it would seem to be a good practice by the government to make materials easily accessible to the public as soon as they are given to members of the legislative body. It may be that there is […]

March 7, 2014
Asked and Answered

Brown Act CPRA

City Attorney says legal analysis is a CPRA exemption

[…] privilege.) It does not seem that the law guarantees you access to the record. 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.

June 10, 2013
Asked and Answered

CPRA Police Records

Can City Attorney Withhold 911 Call Transcripts?

[…] report a possible crime and the department's response thereto." Haynie v. Superior Court, 26 Cal. 4th 1061, 1064 (2001). The Supreme Court held that the exemption in Government Code section 6254(f) for "records of investigations," like the exemption in the same section for "records of complaints" to law enforcement, allows law enforcement to withhold […]

March 8, 2010
Asked and Answered

CPRA

Is A Public Agency Required to Disclose Names of Board Member Applicants?

[…] California. 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. No attorney-client relationship has been formed by way of this response.

February 23, 2018
Asked and Answered

First Amendment

Can ballot arguments be selected based on political content?

[…] forum, reasonable time, place, and manner regulations are permissible, but restrictions must be "content neutral" (as opposed to "content based") and narrowly tailored to serve a significant government interest. Any restrictions must also allow ample alternative channels of communication. Perry Educ. Ass’n. v. Perry Local Educators Ass’n,, 460 U.S. 37, 45 (1983). Content-neutral restrictions are […]

November 10, 2016
Asked and Answered

CPRA

is there a deadline for filing suit over denial of requested records?

[…] consider filing a lawsuit sooner rather than later so as to avoid any claim by the agency that the lawsuit was untimely and therefore should be dismissed. Government Code Section 6259 allows you to file a lawsuit. Lawsuits to enforce the PRA are usually initiated by a verified petition (i.e. a request filed under […]

June 5, 2017
Asked and Answered

CPRA School Records

Public Records Act Request Denied Due to Inability to Redact “Deliberative Material”

[…] then Governor Deukmejian, and has since been applied in many other contexts, including records of phone calls by city council members, and records regarding applications to the Government for appointment to fill vacancies on county boards of supervisors. According to the Supreme Court, "the key question in every case is whether disclosure of the […]

February 20, 2018
Asked and Answered

Bagley-Keene Act Brown Act

What is the Brown Act statute of limitations?

The Brown Act at Government code section 54960.1 requires that for any legal action that seeks to nullify an agency decision because of a Brown Act violation, that the "cure or correct" demand regarding the violation be made within 90 days from the date the action was taken. The only exception cited is if […]

February 3, 2012