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  • Asked and Answered

    Brown Act

    Decision Reached By County Supervisors Without A Public Meeting

    […] collective concurrence as to action to be taken on an item by the legislative body is prohibited, if used to "develop a collective concurrence as to action." Government Code section 54952.2(b). For example, a series of individual telephone calls between the attorney for a redevelopment agency and the members of the agency’s governing board […]

    February 21, 2018

  • Asked and Answered

    CPRA

    Prohibiting a citizen from contacting a public agency

    […] person, that employee may direct you to the designated PRA contact person.  However, nothing prevents you from contacting public officials. Furthermore, generally speaking, it is unconstitutional for government agencies to prohibit public employees and elected officials from speaking to the public or even from making public comments to the media. There are, however, certain […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Planning a Closed Session to Allow Confidential Documents

    […] have reached an agreement to allow the board members to access documents in closed session so that it will be covered under the Brown Act. Can a government entity plan a session to fall under the Brown Act to keep information confidential on hiring documents when it's not for the purpose of actually hiring […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Obtaining the names of notaries public

    […] to County Clerk offices in the first place by a representative at the National Notary Association. Somehow, I feel I am being misled or altogether shunted by government employees who either don't want to or don't know how to help me. Isn't the information I am seeking public information, under the CA Public Records […]

    June 14, 2009

  • Asked and Answered

    First Amendment

    Newsracks and Shopping Centers

    […] -- this is because sidewalks are generally considered to be public forums.  See ACLU v. City of Las Vegas, 333 F.3d 1092, 1099 (9th Cir. 2003).  "[T]he government must bear an extraordinarily heavy burden to regulate speech in such locales." Grossman v. City of Portland, 33 F.3d 1200, 1204 (9th Cir. 1995). However, in […]

    June 14, 2009

  • Asked and Answered

    CPRA

    How Long Do Agencies Have to Keep Records?

    […] is to provide for disclosure.").  Instead, an agency's obligation to retain records are addressed by a variety of record retention laws. For example, 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

  • Pages

    Monthly Giving

    JOIN FAC'S MONTHLY DONOR MEMBERSHIP Democracy Watchdog Members understand that an sustaining an inclusive, equitable society and a responsive, accountable government takes constant vigilance. Pledge your monthly membership today, and as a thank-you gift for standing with FAC, you will receive a FAC Membership Card and Keychain Flashlight. Join at the monthly amount that […]

    July 3, 2024

  • Asked and Answered

    Brown Act

    Future Council Members, Participation, and the Brown Act

    […] as time on a particular issue, but they do not preclude an incoming member of the city council from speaking on an issue. Other sections of the Government code address the organization of city governments, however these sections leave most internal rules to the governing body itself.  Section 36813 provides that "[t]he council may […]

    June 14, 2009

  • Asked and Answered

    FOIA

    Foreign Officials, Detention, Privacy, and the Freedom of Information Act

    […] that there might be a cover-up and complicity to help the official evade the Philippine justice system. The question is: what can be done to have concerned government agencies release information about the official, why the visa was revoked, and why the official continues to be detained at a Detention Center, and why the official […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Entities meeting in a closed “workshop” setting

    […] setting" because the workshop was very likely a "meeting" under the Brown Act. The board, however, should have allowed public comment before voting on the "options." California Government Code section 54954.3 provides that members of the public be given the opportunity to comment "before or during the legislative body's consideration of the item." By […]

    June 14, 2009