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  • Asked and Answered

    Brown Act

    Closed Sessions, Settlements, and Lack of Discussion/Public Comment

    Section 54956.9 of the California Government Code provides that the legislative body of a local agency, "based on advice of its legal counsel," may hold "a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Closed Sessions of City Council Meetings

    The Brown Act -- the California law that requires meetings of the legislative bodies of government agencies to hold their meetings in public -- provides that before holding a closed session, the body must identify, in an open and public meeting, the items to be discussed in closed session.  If the information required to […]

    June 14, 2009

  • Asked and Answered

    Bagley-Keene Act Brown Act

    Closed meeting and the Brown Act

    […] an earlier comment session. The board said the district should not have commented on how it would conduct the meeting because the board and district are separate entities. I was wondering if these actions violated the Brown Act. If I do write a letter, I was hoping you could point me to relevant sections […]

    June 14, 2009

  • Asked and Answered

    CPRA

    City deleting unread emails

    […] a mayor or city manager actually read an incoming email. As to the second issue, the general rules regarding the destruction of city records are contained in Government Code section 34090 et seq, the text of which can be found at the link below. http://caselaw.lp.findlaw.com/cacodes/gov/34090-34093.html There may be other local ordinances that may apply […]

    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

    Charging for research and the CPRA

    […] staff spent searching for the materials. I found this high cost to be quite ridiculous and then saw on your website that it is illegal for public entities to charge for the cost of labor. I find this amazing because on the district's form they have a section to fill in the cost of […]

    June 14, 2009

  • Asked and Answered

    CPRA

    California Driver’s License Numbers and the CPRA

    […] on whether driver's license information for licensed businesses must be made available or redacted from public records.  Striking a balance between individual privacy and public access to government records is rarely easy, and questions like yours are the subject of frequent debate.  A 1986 Attorney General opinion concluded that CHP motor carrier records related […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Councilmember penalties for Brown Act violations

    A member of a City Council can be guilty of a misdemeanor under certain circumstances. Specifically, under California Government Code section 54959, each member of a legislative body who attends a meeting of that legislative body where action is taken in violation of the Brown Act, and "where the member intends to deprive the […]

    June 14, 2009