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  • Asked and Answered

    Brown Act

    Labor negotiations and the Brown Act

    […] Brown Act for certain employee evaluations.  This "personnel exception" permits closed sessions to "consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee."  Government Code 54957(b)(1).   However, section 54957(b)(4) further provides: "Closed sessions . . . shall not include discussion or action on proposed compensation except for a reduction of […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Labor Commission Records

    Under the California Public Records Act (PRA), Government Code section 6250 et seq., records maintained by public agencies are presumptively available for public inspection and copying unless one of the Act's exemptions applies.  In this case, that exemption that likely applies is found in section 6254(f), which exempts "records of investigations" as well as […]

    June 14, 2009

  • Pages

    Ways to Give

    Every donation support FAC's fight for an inclusive, equitable society and a responsive, accountable government.

    July 3, 2024

  • Asked and Answered

    CPRA

    JPA/private company partnership and the CPRA?

    Joint powers associations (JPA) formed pursuant to the Joint Exercise of Powers Act are entities subject to the California Public Records Act. Thus, the documents pertaining to such associations are public records, unless they are exempt from disclosure under the Public Records Act (PRA) or some other applicable law.

    June 14, 2009

  • Asked and Answered

    CPRA

    Inspect vs. Request, and Proposals as Public Records

    […] of the PRA's exemptions applies. Govt Code § 6253(a).  There is no obvious exemption that would authorize withholding proposals submitted pursuant to an RFP issued by a government agency in California.  It is not unusual, however, for agencies to resist disclosing records that should be disclosed under the PRA, and it is possible that […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Informal Meetings and the Brown Act

    […] that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains."  (Govt. Code § 54952.2(a)).  Section 54952.2(b) of the Government Code provides that "except as authorized pursuant to section 54953, any use of direct communication, personal intermediaries, or technological devices that is employed by a majority […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    How to cure and correct an improper action

    […] meeting, and then bring a lawsuit if they do not.  The requirements are very specific, they have very short deadlines, and they are generally strictly enforced.  Review Government Code section 54960.1(a) carefully, and find an attorney to assist you if possible. In order to void an agency action, the following steps are required: (a)     […]

    June 14, 2009