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Brown Act

Are Community Action Agencies Subject to the Brown Act?

A "legislative body" is subject to the Brown Act. A "legislative body" has been defined as follows: The governing body of a local agency. Government Code section 54952(a). This term includes bodies such as a board of supervisors, city council, planning commission or directors of a special district. For example, a school board that […]

October 30, 2020
Asked and Answered

CPRA

Charter schools and public oversight

[…] public has a right to inspect and copy any record held by any state or local agency unless one of the Act's specific exemptions applies. See California Government Code 6253. The PRA explicitly provides that nonprofit entities that are "legislative bodies of a local agency" pursuant to subsections (c) and (d) of Government Code […]

June 14, 2009
Asked and Answered

Brown Act First Amendment

Taping of public charter school meetings curtailed by corporate owners

[…] and asked that this item be placed on the next agenda and what law was the CEO referring to that he can enact these restrictions along with the public entities that does this. Our local public non charter school district records, televises and plays their meetings on local TV multiple times in the month. We need […]

October 13, 2014
Asked and Answered

Brown Act CPRA School Records

Charter schools and the CPRA

[…] to perform governmental functions, or receive funds from a local agency and has a member appointed by the local agency. The applicable provision of the law is Government Code section 54952(c), which is actually part of the Brown Act, but which is incorporated into the Public Records Act by Govt. Code section 6252(b). Section […]

July 26, 2013
Asked and Answered

Brown Act

Applicability of Brown Act to public charter schools

The answer to your question depends on whether the public charter school was "created by" an elected legislative body—or receives funds from a government agency and whose governing body includes a member of the legislative body—for the purposes of the Ralph M. Brown Open Meetings Act and is therefore subject to the open meeting […]

June 14, 2009
Asked and Answered

CPRA

Accessing Polling Done with Public Funds

First, unless the pollster, as a private entity, meets the definition found in section 54952 of the California Government Code, it is not subject to the Public Records Act (PRA) and so you would not be able to obtain its records pursuant to a PRA request. The PRA applies to local agencies, defined as […]

June 14, 2009
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Blog

Government officials should listen to voters instead of lawyers selling strategies for blocking access to information

Regardless of what they say to the contrary, government agencies are in the business of withholding information from the public (or, what amounts to the same thing, disclosing only that information that the agencies want the public to have). This tight-fistedness about information is written into government's DNA. But some efforts to withhold information […]
- Government Transparency and Accountability
March 24, 2014
Latest News

Blog

Ballot measure to subdivide CA assumes smaller government is closer to voters. But it’s also closer to special interests.

[…] the political arena is a ballot initiative to subdivide California into six states of roughly equal size. This proposal faces serious hurdles, not least that the federal government would say no, even if California voters, against all odds, endorsed Draper's mini-Californias idea. By raising the state's US senator count from two to twelve, Draper's […]
- Government Transparency and Accountability
February 26, 2014
Asked and Answered

Brown Act

Brown Act violations in closed session real-property negotiations

[…] can be found here. b. With respect to barring ongoing or future actions, most cases involving will be based evidence of past violations brought under Government Code section 54960.2 discussed in (a). Government Code 54960(a) provides, "any interested person may commence an action by mandamus, injunction, or declaratory relief for the purpose […]

September 8, 2016
Asked and Answered

Brown Act

Governing Boards with Public Funds

[…] that the mere receipt of public funds by a co-op or other typically private entity, without more, does not subject the entity to the Brown Act. California Government Code section 54952(c) sets forth two sets of circumstances under which such an organization might be subject to the Brown Act's open meetings requirements: First, a […]

June 14, 2009