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  • Asked and Answered

    Brown Act

    Brown Act requirement for private nonprofits?

    […] council) who was appointed to the nonprofit's governing body as a "full voting member." 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.

    July 19, 2012

  • Asked and Answered

    First Amendment

    Is there a law about distributing fliers near a courthouse?

    […] "limited public forums," or areas that traditionally have not been made open to the public, but have become public forums for at least some purposes because the government body that regulates a particular area has made it available for use by the public. In order to restrict speech in a public forum or limited […]

    August 27, 2010

  • Asked and Answered

    Brown Act CPRA

    Are Special Districts covered by Brown Act, CPRA?

    My review of the Government Code shows that there used to be a specific Chapter, containing sections 56450 to 56466, that specifically addressed special districts. However, these particular sections were repealed and replaced with the Reorganization Act of 2000, which begins with section 56825 of the Government Code. It looks like there are provisions […]

    January 2, 2011

  • Asked and Answered

    First Amendment Social Media

    Prof worried about free-speech rights regarding Facebook post

    The First Amendment, with some exceptions, generally prevents the government from limiting citizens’ speech. Employers, with some exceptions, generally have the ability to limit what their employees can say on behalf of the company or while engaged in work functions. Thus, an interesting dynamic is generated when, as in your situation, the government is […]

    February 22, 2015

  • Asked and Answered

    CPRA

    Will attorney/client privilege keep me from learning how County is spending bond money?

    […] obligated to inform you what code or law allows the county to use funds from a CSA in the situation you describe. Generally speaking, California laws require government agencies to disclose most writings related to public business and require legislative bodies of government agencies to conduct most of their meetings in public. But obtaining […]

    June 8, 2015

  • Asked and Answered

    Brown Act

    What meetings are governed by CA Proposition 54?

    […] access to the governmental decision-making process) would depend on whether the commission meets the definition of a "legislative body" under the Brown Act. Section 54952 of the Government Code defines "legislative body" to mean, among other things: a.        The governing body of a local agency or any other local body created by state or federal statute. […]

    June 6, 2017

  • Asked and Answered

    Brown Act

    Little League, Pop Warner, and open meeting laws

    As a general rule, open meeting laws, like the Brown Act, only apply to government agencies.  If Pop Warner and Little League are run by private entities, not governmental agencies, then the general rule would be that the open meetings laws would not apply. The only private entity subject to the Brown Act is […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    JPA’s (Joint Powers Act entities) and the Brown Act

    An entity formed pursuant to the Joint Powers Act is a "local agency" for purposes of the Brown Act, and the entities that govern such authorities are "legislative bodies" under the Brown Act.  McKee v. Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force, 134 Cal. App. 4th 354 (2005).  Thus, the JPA appears […]

    June 14, 2009