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Asked and Answered

Brown Act First Amendment

Can ID Be Required to Make Public Comment?

[…] Act is silent on whether a public agency may require speakers to state their name during public comment.See Gov't Code § 54954.3 (public testimony at regular meetings). Government Code section 54953.3 states that a member of the public cannot be required to register his or her name as a condition of attendance at a […]

June 10, 2010
Asked and Answered

Brown Act

School board keeping exorbitant attorney fees in closed session

[…] outside the course and scope of the office or employment." Holme Roberts & Owen 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.

November 29, 2011
Asked and Answered

Brown Act

School Board Meetings without Notice

[…] contract negotiations with the teachers' union. The following message appears on the school district website: "When meetings are called regarding negotiations, based on the provisions in California Government Code Section 3549.1, notice is not required to be given to the public." The School board trustees have already held one such "secret" meeting andare intending […]

March 18, 2010
Asked and Answered

Brown Act

Does the Brown Act require minutes from city council meetings?

[…] said, the city council's own bylaws will typically address whether minutes must be taken. 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 5, 2013
Asked and Answered

Brown Act First Amendment

Can someone be arrested for speaking too long at a public meeting?

[…] meeting if she exceeded the public comment time limit, however, seems problematic. 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.

September 11, 2014
Asked and Answered

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