Wednesday, March 10, 2010

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Public Access to government meetings
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California law doesn’t exactly ban deal-making by politicians in smoke-filled rooms, but it comes close to doing that at the local level (under the Brown Act) and among state agencies (under the Bagley-Keene Act). The fundamental idea behind these statutes is that the full process of political deliberating and decisionmaking—justly likened to the making of sausage—should be conducted in the open, in public meetings for all to see. Although the laws allow for certain matters to be considered in “executive session,” they are the rare exception (in theory, at any rate).

The Ralph M. Brown Act

The Brown Act requires governing and other bodies of local government agencies—for example, city councils and school boards— to conduct business in a way that enables the public to scrutinize and, to a slightly lesser extent, participate in, government decisions, actions and policy choices. The Brown Act covers all aspects of local government deliberation, from agenda-posting and meeting requirements to the attorney-client privilege and settlement of lawsuits.

In addition to these sources, we recommend you use our Asked & Answered feature, a searchable database of our lawyers’ answers to questions from folks like you.

The Bagley-Keene Open Meeting Act

Bagley-Keene is the open meeting law covering state agencies in California. It is, by design, very similar to the Brown Act. When applying Bagley-Keene, it is a good idea to consider court decisions and other authorities interpreting analogous provisions of the Brown Act.

In addition to these sources, we recommend you use our Asked & Answered feature to pose questions about Bagley-Keene.

California State Assembly Speaker bans texting in session

The new California Assembly Speaker has banned text messaging on the assembly floor prompting skepticism from First Amendment advocates that the ban is enforceable or efficacious. -db

CivSource
Commentary
March 9, 2010
By Bailey McCann

Last week, when John A. Perez became California’s new Assembly Speaker a point in his opening speech caught our eye — a new rule limiting [...]

Editorial calls for Placer County District Attorney to enforce state’s open government law

The Auburn Journal argued for tighter enforcement of the Brown Act, California’s open government law, in light of a $l600 dinner meeting in 2008  in Washington D.C. during which three county supervisors lobbied the local congressman. -db
Auburn Journal
Editorial
March 7, 2010

During these tough economic times, government at every level faces media scrutiny. The public has [...]

Turlock school board finds way to defeat intent of state’s open government law

The editor of the Turlock Journal says the local school board did all the right things in listing the agenda in advance, making the meeting accessible to all and allowing ample time for public comment but still managed to trash the Brown Act, California’s open meeting law, by deciding the crucial issues of building renovations [...]

Health board accused of violating California open meeting law in holding closed ‘informational’ sessions

The Del Puerto Health Care board claims that conscientious elected officials are discouraged from serving after they were accused of holding two closed meetings without public notice. -db
Patterson Irrigator
March 4, 2010
By Kendall Wright

In spite of attending training sessions since 2006 about ethics and open-meeting laws, a majority of Del Puerto Health Care board members who were [...]

New York City considers press credentials for bloggers

Mayor Michael Bloomberg wants to allow online journalists and bloggers press credentials. The proposal comes in the wake of a lawsuit filed by three bloggers denied access to city events. -db

The Reporters Committee for Freedom of the Press
March 3, 2010
By Christine Beckett
New York City and Mayor Michael Bloomberg announced a new policy that would allow [...]

Southern California: Hospital settles open meeting lawsuit in cash settlement

The Tri-City Medical Center settled a lawsuit brought by former hospital executives who alleged that the hospital violated the Brown Act, California’s open meeting law. In agreeing to pay $300,000, the hospital did not admit violating the act. -db
North County Times
February 25, 2010
By Paul Sisson
Tri-City Medical Center has settled a lawsuit brought by a group [...]

Citizen committee completes draft of open government law for Berkeley

The Citizen’s Sunshine Review Committee finished its work in February on a sunshine ordinance which was written to encourage compliance with California sunshine laws. -db

The Berkeley Daily Planet
February 25, 2010
By Dean Metzger

Sadly the sun is setting on the printed Berkeley Daily Planet, but happily the sun could rise on open government in Berkeley. After three [...]

Health board claims secret meeting violated no laws

The Del Puerto Health Care District board met once secretly in 2008 but claims the meeting violated no California open govenment laws. -db

Patterson Irrigator
February 25, 2010
By Kendall Wright

A majority of the Del Puerto Health Care District met once secretly in 2008, but the head of the district claims the meeting violated no laws, an assertion [...]

San Diego county school board cancels meeting to comply with open meeting law

The Grossmont Union High School District cancelled a special meeting to consider a threatened lawsuit after the media were not given adequate notice of the meeting. -db
East County Magazine
February 23, 2010
CAJON, Calif. – In response to a request by East County Magazine, the Grossmont Union High School District has announced cancellation of tonight’s special meeting. [...]

San Diego planning task force accused of violating California’s open government law

Community members involved in planning for San Diego have expressed concerns about an advisory committee with a large representation of builders and developers. They claim the committee’s meetings were not adequately publicized. -db
San Diego Uptown News
February 20, 2010
By David Harvey

At the San Diego City Council’s Land Use and Housing (LU&H) committee meeting on Feb. 3, [...]

TV cable broadcasts of city council meeting in Norwalk censored

During broadcasts of its meetings on a government access cable channel, the Norwalk City Council blacks out public comments. Legal experts says the practice is legal but express dismay that the council feels it’s necessary to censor the public. -db
The Los Angeles Times
February 20, 2010
By Jeff Gottlieb
Like most towns, Norwalk broadcasts its City Council meetings [...]

Eureka school board admits to violating open meeting law in setting superintendent’s salary in 2008

The Eureka Union School Board admitted  they failed to report changes in the superintendent’s salary in open public session before approving them in a closed meeting. They also failed to make the original contract available to the public 72 hours before the meeting. -db
The Press Tribune
February 10, 2010
By Megan Wood
The Eureka Union School Board admitted [...]

Report says press freedom eroding with shift to online media

A report in CQ Researcher says that with no way established to charge for online news content, there is less money to spend accessing courts, public records and public meetings. -db
The Reporters Committee for Freedom of the Press
February 9, 2010
By Cristina Abello

As newspaper circulations drop and nightly news broadcasts garner fewer viewers, more people are [...]

UC Santa Barbara student newspaper staff asks for law requiring transparency in UC student government

Blocked from reporting on student government spending decisions and irresponsible acts at UC Santa Barbara, the student newspaper staff wrote a letter to California state officials and the legislature asking for a law to hold UC student governments to open government standards. -db
Daily Nexus
February 9, 2010
By Nexus Staff
To Governor Arnold Schwarzenegger, UC President Mark Yudof, [...]

Carson mayor under investigation after allegations he used mute button to stifle public comment

The District Attorney is investigating a possible Brown Act violation as the Carson mayor has reportedly used a mute button to silence speakers at city council meetings. In November the City Council had given the major the authority to used the button in a 3-2 vote. -db
KPCC
Southern California Public Radio
February 6, 2010
The District Attorney’s Office [...]

Modesto City Council meeting cancelled to avoid open government violation

The Modesto City Council will still be eating lunch together at the annual Chamber of Commerce luncheon which costs $40 to attend. But they will no longer call it a city council meeting for the mayor’s annual speech since California’s Brown Act prohibits charging the public to attend council meetings. -db
The Modesto Bee
February 6, 2010
By [...]

Amador County: Water agency accused of open meeting violations

A citizens group is calling for an investigation of the Amador Water Agency board for possible Brown Act violations when they held private conferences on board elections. -db

Ledger Dispatch
February 5, 2010
By Matthew Hedger

A local citizens group is asking the Amador Water Agency to seek legal counsel and investigate whether some directors violated provisions of the Brown [...]

Tulare County: County supervisors’ dinners out may have also violated open meeting law

Records requested under the California Public Records Act show that the five supervisors plus the county administrative officer are running up excessive expense accounts and indicated that the supervisors may have violated California’s open meeting law, the Brown Act, by dining often with a voting majority. -db
Visalia Times-Delta
Tulare Advance-Register
Editorial
February 4, 2010

Crescent City: Town government bodies may be stretching open meeting laws

A reporter for the Daily Triplicate writes that while “two-by-two” meetings held by the City Council and Harbor Commission are legal since they do not constitute a quorum, the practice may not realize the greatest potential for open government. -db

The Daily Triplicate
Commentary
February 01, 2010
By Kurt Madar

Non-public events are being used by our public officials. Del [...]

Yuba City: Action by community college trustees provokes dispute over open meeting violation

Some contend that a pay raise for the Yuba Community College district chancellor was made without observing California’s Brown Act. Today’s special meeting to reconsider the raise should remedy the problem. -db
Appeal-Democrat
February 3, 2010
By Ryan McCarthy
A special meeting today for trustees to consider rescinding the pay raise for Nicki Harrington, chancellor of the Yuba Community [...]

Orange County: Investigation uncovers alleged open government violations by school district

A PublicCEO reporter alleges that the Garden Grove Unified School District Board of Trustees has committed serious violations of California’s open government law, the Brown Act. -db
PublicCEO
Commentary
February 2, 2010
By Chris Prevatt

One of the most important duties for elected officials to perform is to be open and honest about their actions and to maintain their compliance [...]

California’s central valley: Editorial cites disdain for Brown Act in call for action against three Highson city councilmen

An editorial in The Modesto Bee describes a mugging of the Brown Act and a general lack of civil behavior in suggesting that officials look at bringing criminal charges against three councilmen and that the public consider a recall. -db

The Modesto Bee

Editorial
January 31, 2010
Just when we thought city politics in Hughson couldn’t get any worse, [...]

Tulare County: Supervisors ‘team-building’ luncheons under scrutiny for possible open government violations

The Tulare County Board of Supervisors deny talking about county business when they meet for lunch paid for by the county, but since the meetings are not open to the public, questions remain about the purpose of the meetings and the content of the conversations. -db

Visalia Times-Delta
Tulare Advance-Register
February 1, 2010
By Valerie Gibbons
Members of the [...]

Public happy with efforts to put government information online

A new survey showed the public satisfaction with federal Web sites has increased from 73.6 points in 2007 to 75.2 for the third quarter of 2009. -db

Nextgov
January 26, 2010
By Jill Aitoro
Citizen satisfaction with federal Web sites increased significantly in 2009, indicating that efforts by the Obama administration to increase transparency in government are getting noticed, [...]

Santa Barbara university student council suddenly closes meeting

The Associated Students Legislative Council at the University of California, Santa Barbara closed a part of their Wednesday night meeting without prior notice or disclosing before hand their reasons prompting complaints that the state’s open government laws had been violated. -DB
Daily Nexus
January 28, 2010
By Elliott Rosenfeld and Mackenzie Weinger
The Associated Students Legislative Council barred all members [...]

Yuba City: Questions arise about possible open government violation in proposed raise for community college chancellor

The Yuba Community College District board may have violated California’s Brown Act which requires the board to hold discussions about salary increases in open session. -DB
Daily Democrat
Commentary
January 28, 2010
By Erin Tracy

A decision to approve a salary hike for the Yuba Community College District chancellor might be considered insult to injury for those impacted by budget cuts, [...]

Ukiah: Supervisors consider appointing ad-hoc committee on retiree health insurance

The County Board of Supervisors is considering appointing an ad-hoc committee to consider ways to preserve health benefits for retirees but some supervisors think the issue is too important to discuss  behind closed doors. -DB

The Ukiah Daily Journal
January 27, 2010
By Tiffany Revelle
Conflict about forming an ad-hoc committee to study available choices was the sticking [...]

Open government laws seen as benefit rather than burden

An attorney and newly elected member of the Modesto Schools board sets out the benefits of complying with California’s open meeting laws including the value of hearing a wide range of views from other members of the public bodies and from the public itself. -DB

Modesto Bee
January 27, 2010
By Ruben Villalobos

For more than 50 years, [...]

Pleasant Hill: Citizens allege open government violations in approval of drug rehab center

A citizens group has challenged the Pleasant Hill City Council after they approved a drug rehabilitation center this week, alleging that the city restricted public comment at a crucial Planning Commission meeting and provided improper notice of a subsequent hearing. -DB
Contra Costa Times
January 26, 2010
By Lisa P. White

PLEASANT HILL, Calif. — Although the City Council [...]

Hayward schools: Open government advocate says public comment needed before renewing charter

The Alameda County Board of Education may have violated California’s open meeting law when it refused to hear public comments before a vote to conditionally renew a charter for the FAME Public Charter School. -DB
Oakland Tribune
January 17, 2010
By Linh Tat
HAYWARD, Calif. — The president of the Alameda County Board of Education violated the state’s open [...]

Turlock: Editor introduces parks commission to open government act

The Turlock Journal editor calls the Turlock Parks, Recreation and Community Commission for what she says was “trampling the Brown Act,” California’s open government law, twice in a single meeting. -DB

The Turlock Journal
Commentary
January 16, 2010
By Kristina Hacker

Attention all local elected officials and members of public boards: You are responsible for knowing and adhering to the [...]

Southern California: Council claims urgency in naming fire chief without public notice

The Ontario city attorney claims that California’s open meeting laws were not broken this week when the city council hastily appointed the fire chief city manager. Open meeting advocates are skeptical of the need to hurry the decision, suggesting other action that would have allowed input from the public. -DB

Inland Valley Daily Bulletin
January 13, [...]

Judge rules Los Angeles City Council violated open meeting law on shopping center vote

A Superior Court judge found that the Los Angeles City Council violated the Brown Act, California’s open government law, by not giving the public sufficient notice of a meeting during which they approved a shopping center development in South Los Angeles. -DB

The Los Angeles Times
January 12, 2010
By David Zahniser

A Superior Court judge tentatively ruled Monday [...]

Congressional leaders want secrecy for health care talks

Democratic leaders Harry Reid and Nancy Pelosi oppose allowing C-SPAN to televise the health care negotiations ending Obama’s efforts to include the public in the endgame talks. -DB

The Heartland Institute
Commentar
January 11, 2010
By Ben Domenech
As Senate Majority Leader Harry Reid and House Speaker Nancy Pelosi work behind closed doors to mash together 4,765 pages to form [...]

Editorial: Public has right to access police disciplinary hearings

A San Francisco Chronicle editorial argues that as a matter of great public concern, police misconduct hearings should be open. Maintaining secrecy erodes public trust of the police. -DB

San Francisco Chronicle
Editorial
January 11, 2010

Our system of government is based on the idea that an open government is a smarter, safer and more effective government. That’s why [...]

Big Bear services district errs in conducting secret ballot

The president of the Big Bear Community Service District admitted it was a violation of California’s open government law, the Brown Act, to elect the new president of the board by secret ballot. -DB

Big Bear Grizzly
January 7, 2010
By Katie Onheiber and Judi Bowers

The Big Bear City Community Services District board has spoken, the problem is [...]

Solano County supervisors start new year amid allegations of open government violations

A Solano County supervisor alleged that three of her colleagues decided ahead of a meeting to block her becoming board chair thus violating California’s Brown Act that provides for open government. -DB

The Reporter
January 6, 2010
By Danny Bernardini

Solano County leaders started the new year the same way they ended 2009: with infighting and 3-2 votes.
During the [...]

California governor’s lunch could violate open meeting laws

Open government analysts say that if California Governor Arnold Schwarzenegger hosts California legislators to a lunch after his State of the State address and does not admit the public and reporters, the meeting will violate the Brown Act, the state’s open meeting law. -DB

Bay News 9
January 6, 2010
By Juliet Williams and Judy Lin

SACRAMENTO, Calif. (AP) [...]

C-SPAN asks Congress to honor Obama pledge to televise health care reform negotiations

C-SPAN has written to Congressional leaders asking them to open all negotiations over health care reforms including conference meetings to coverage by broadcast media. -DB
abc News
January 5, 2010
By Jake Tapper
C-SPAN CEO Brian Lamb last week wrote to Congressional leaders asking that they “open all important negotiations, including any conference committee meetings, to electronic media coverage” [...]

Center to help citizens obtain documents from governmental agencies

The new Center for Open Government at Chicago-Kent College of Law will provide legal help to those seeking documents from local and state governments. -DB

Galesburg Radio
December 27, 2009
A new academic institute will help citizens pry information from reticent governments.

The new Center for Open Government at Chicago-Kent College of Law will represent individuals and interest groups [...]

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