Asked and Answered
Closed college governing body meeting to endorse trustees candidate
June 14, 2009
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Showing 471 - 480 of 1793 results
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Asked and Answered
Local Agencies’ Request for Qualifications Bids
[…] for Request for Qualifications Bids/responses to be available for the public to review? Can we use legislation in the Freedom of Information Act (FOIA) to obtain developers' responses to an RFQ? The agency is a local government redevelopment agency that has put out an RFQ to developers for the development of the old Army Base.June 14, 2009
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Asked and Answered
Internal Decision-Making and the Brown Act
In general, the Brown Act attempts to balance the right of the public to be aware of the business of its government against the need of government agencies to conduct their business. The Brown Act therefore is concerned primarily with the openness of meetings, and provides that "[a]ll meetings of the legislative body of […]June 14, 2009
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Asked and Answered
Destruction of Public Records
[…] be immediately destroyed concurrent with the vote to stop recording future sessions. Aside from the obvious Brown Act violation in that it wasn't agendized, do you know the rules on retention and destruction of government records and, specifically, the limits on destroying tapes of closed sessions (These are the only existing records of these sessions).June 14, 2009
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Asked and Answered
Destruction of Council Office Files
[…] "purging" of documents by an outgoing city councilmember. Unfortunately, it is not always clear what destruction of records is permissible under California law. Section 34090 of the Government Code provides for the lawful destruction of city records in certain circumstances: Unless otherwise provided by law, with the approval of the legislative body by resolution […]June 14, 2009
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Asked and Answered
Accessing Records of Parolees’ Addresses
Under the Public Records Act ("PRA"), records in the possession of state and local government entities are presumed to be public unless one of the PRA's enumerated exemptions to disclosure applies. See Cal Govt Code Section 6252. A state or local agency may not withhold records just because it is their "policy" to do so. […]June 14, 2009
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Asked and Answered
Can Elected Officials Be Seated in the Audience During Meetings?
California has a number of laws addressing government meetings, including the Brown Act (which covers the legislative bodies of local agencies), the Bagley-Keene Act (which covers state executive agencies), and the Grunsky-Burton Open Meeting Act, which covers the State Legislature. If the elected official is a member of the legislative body of a local […]February 12, 2018
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Asked and Answered
Meeting minutes reveal personal ID information
[…] silent on whether a public agency may require speakers to state their name before or 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 […]August 6, 2011
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Asked and Answered
Are blueprints of public buildings public under the CPRA?
[…] Safety Code § 19851 and 17 U.S.C.A. §§ 101 et. seq. for more information. 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 20, 2015
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Asked and Answered
Private Homeowners Associations
Under Government Code section 54952(c), the governing body of a homeowners association would be subject to the Brown Act under either of two circumstances: 1. The association is created by an elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body; - OR - 2. The […]June 14, 2009