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Showing 851 - 860 of 1793 results

  • Asked and Answered

    Brown Act

    Closed Sessions under the Brown Act

    […] the position at issue.  The agenda need not specify the description of the position with regard to a closed session held to discuss public employee discipline/dismissal/release.  See Government Code section 54954.5(d). Assuming the closed session was in violation of the Brown Act, a member of the public may seek to void an action taken […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Changing Regular Meetings to Special Meetings

    […] days from receipt of the demand, you must file the lawsuit within 15 days after the expiration of those 30 days.  Please see the provisions of California Government Code 54960.1 regarding the particulars of the timeline. Note, the procedures and time limitations set forth in Section 54960.1 do not apply to actions for injunctive […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Can settlements be negotiated in closed session if no pending litigation exists?

    […] of the Brown Act that permits closed sessions relating to litigation is not strictly limited to "pending litigation."  The provision to which you refer is an example.  Government Code section 54956.9 states, in part, as follows: "Nothing in this chapter shall be construed to prevent a legislative body of a local agency, based on […]

    June 14, 2009

  • Asked and Answered

    Newsgathering

    Audio Recording, Meetings

    […] an individual, business association, partnership, corporation, limited liability company, or other legal entity, and an individual acting or purporting to act for or on behalf of any government or subdivision thereof, whether federal, state, or local, but excludes an individual known by all parties to a confidential communication to be overhearing or recording the […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Are oral CPRA requests permitted?

    Under the California Public Records Act, Government Code § 6250 et seq., an oral request for records is permitted.  Government Code section 6253(a) provides that public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public […]

    June 14, 2009

  • Asked and Answered

    Brown Act CPRA Newsgathering

    Accessing document constituting an agenda and agency audits

    I'm a reporter at a suburban L.A. newspaper. I have two questions that relate to two different government bodies: 1) A charter high school, which is covered by the Brown Act, posts its Board's agenda 72 hours online before meetings. However, it never posts the documents constituting the agenda (e.g. text of resolutions to […]

    June 14, 2009

  • Asked and Answered

    CPRA Newsgathering

    Accessing 911 Calls and Police Reports

    […] are relying.   A sample written request can be found at the following link: https://firstamendmentcoalition.org/cpra-primer/sample-cpra-request-letter/ The PRA exemption at issue for the records you seek is found at Government Code section 6254(f), which exempts from disclosure records of law enforcement complaints and investigations.   Although this section exempts the records themselves from disclosure, a police agency […]

    June 14, 2009

  • Asked and Answered

    First Amendment

    Can I be kicked off advisory committee for blogging about politics?

    The First Amendment indeed forbids government officials from retaliating against individuals for speaking out. Blair v. Bethel School Dist., 608 F.3d 540, 543 (9th Cir. 2010). In order to recover for such retaliation, you would have to prove that (1) you were engaged in constitutionally protected activity; (2) as a result, you were subjected […]

    March 5, 2012

  • Asked and Answered

    Court Records CPRA Police Records

    Can I be denied access to files on decades-old, closed murder case?

    […] with your Foundation and in your endeavors to educate the public about child safety. 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.

    April 10, 2015