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  • Asked and Answered

    Brown Act CPRA First Amendment

    Unposted Supporting Documents and Public Comment on those Documents

    […] few criminal prosecutions under the Brown Act, and to date they generally have not been successful.  As for civil remedies, there are two options.  First, pursuant to Government Code section 54960.1, you may seek to void the action taken at the Board meeting.  The requirements for taking such an action require you to seek […]

    June 14, 2009

  • Asked and Answered

    Brown Act CPRA

    The CPRA, the Brown Act and Retirement Trusts

    The Brown Act applies to any "legislative body."  Under the first sentence of Government Code section 54952(b), a legislative body includes any "commission, committee, board or other body of a local agency, whether permanent or temporary, decision making or advisory, charged by charter, ordinance, resolution, or formal action of a legislative body." So, if […]

    June 14, 2009

  • Asked and Answered

    CPRA

    The CPRA, Email Communication, Right to Privacy and Records Regarding One’s Self

    […] have been destroyed, other issues may be involved.  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

  • Asked and Answered

    Brown Act CPRA

    Special District Compliance

    Which State Agency and/or which State Department oversees, enforce, and/or investigate Special District compliance with California Government Codes:  Mitigation Fees (Sections 66000), Brown Act and Public Records Act?

    June 14, 2009

  • Asked and Answered

    Brown Act

    Spanish Translator at School Board Meetings

    With respect to the meetings of local government bodies such as school boards, the public's right to attend, receive notice of, and otherwise access those meetings is governed by the Brown Act, Govt. Code section 54950 et seq.  While the Brown Act requires that certain translation services be provided to disabled persons in accordance […]

    June 14, 2009

  • Asked and Answered

    CPRA FOIA

    Record of state and federal spending

    […] of state governments. Thus there is no issue of the California Public Records Act "complying" or not with the federal FOIA. Any suit to force a California government agency to comply with its obligations under the Public Records Act or other obligation of California law should thus be filed in the California state court […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Brown Act Requirements and Prohibitions in Relation to Community College Governments

    This question relates to the Brown Act, which, pursuant to an Attorney General Opinion, applies to community college student governments. Recently, the student designated to post the notice of our student senate (our legislative body) meeting failed, because of illness, to post it by 3 p.m. Sunday for a meeting the following Wednesday at […]

    June 14, 2009

  • Asked and Answered

    CPRA

    How can I access records regarding college sports’ recruitment?

    […] out how its athletic program is organized is probably worth it before launching your requests. 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 21, 2016

  • Asked and Answered

    Brown Act

    The city decided in closed session to let Wal Mart pick up legal tab for lawsuit

    […] action to enforce the Brown Act may be entitled to recover attorneys' fees. The details of this enforcement procedure are set out in Section 54960.1(a) of the Government Code. Again, it is not necessary that an attorney file any court action, although if you reach this stage with the agency, you may want to […]

    August 20, 2012

  • Asked and Answered

    Brown Act

    Brown Act Rules About Late Night Meeting

    […] general circulation, radio station or television station that has in writing requested notice. The notice must also be posted in a location freely accessible to the public. Government Code section 54956. The notice must specify the time and place of the special meeting and the business to be discussed. Only the business specified for […]

    April 9, 2018