Sunday, February 5, 2012

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California: Orange County D.A. drops open meeting charges against school district

After a preliminary finding in May that the Capistrano Unified School District violated the Brown Act, California’s open meeting law, the Orange County District Attorney’s office announced this week that they could not corroborate the finding. But the office found a lot to fault, using colorful language to criticize the way the district conducted meetings. [...]

North Carolina college bans student from graduation for negative Facebook post

Saint Augustine’s college has banned a student from graduation ceremonies after the student posted comments on Facebook critical about how the college was handling its recovery from a tornado. FIRE claims that in the absence of a policy sanctioning the punishment, the college improvised by declaring that a Facebook post challenging their decisions could keep [...]

The secret’s out: transit system needs to come clean

May 26, 2011 by  
Filed under 1st Amendment News

The Bay Area Rapid Transit District, in response to charges of “secrecy and bureaucracy run amok,” has promised to reverse a years-long practice of holding closed meetings about the public’s business. After a blistering editorial by the Contra Costa Times, the district’s board of directors acknowledged that as many as 20 committees have met privately [...]

For these seven, open government is a way of life

March 14, 2011 by  
Filed under 1st Amendment News

In recognition of Sunshine Week, the Sacramento Bee’s Marjie Lundstrom has identified seven Californians who doggedly fight for open government. Heroes or kooks, she says, they share a common quality: They don’t take no for an answer in their persistent efforts to pry open government for all to see. Their drive for accountability has prompted [...]

California: Salinas study sessions on key issues claimed to promote transprency

The Salinas mayor wants to address thorny problems such as damaged sidewalks, graffiti and prostitution in a series of council study sessions with an emphasize on solving problems through staff recommendations and greater access to background information. Council members will be responsible for two district meetings each year, and the mayor can opt to hold town [...]

New governors falter in upholding First Amendment

The executive director of the First Amendment Center says that too many new governors under oath to uphold the U.S. Constitution are hesitant about including the press in official events and granting public records requests in the process violating the First Amendment. -db First Amendment Center Commentary January 23, 2011 By Gene Policinski What’s in [...]

Opponents of an asphalt plant for Petaluma claim need for public comment before upcoming vote

The Sonoma County Board of Supervisors plan  to vote on a controversial asphalt plant to be built south of Petaluma without allowing the public to comment since they claim they have already allowed public comment on the proposal. -db The Santa Rosa Press Democrat December 14, 2010 By Brett Wilkison Opponents of the proposed Dutra [...]

Menlo Park mayor resigns after apparent open meeting violation

Menlo Park’s new mayor resigned three days after he appointment, admitting that her private consultations with two other council members about the mayor vote constituted serial meetings in violation of the state’s open meeting law. -db San Jose Mercury News December 12, 2010 By Bonnie Eslinger Three days after being appointed mayor of Menlo Park, [...]

Election of Novato mayor raises charges of open meeting violation

A divided Novato council elected a mayor bypassing a long standing tradition of elevating the pro tem mayor prompting her to challenge the election through accusations that the decision was made behind closed doors violating California’s Brown Act, the state’s open meeting law. -db Marin Independent Journal December 8, 2010 By Rob Rogers Under ordinary [...]

Oroville: Lame duck park district board allegedly made decisions before invited few

Critics are alleging that the Feather River Recreation and Park District’s held a special meeting to make key decisions in violation of the California’s open meeting law. They failed to inform the newly elected directors of the meeting or invite the local press. -db Oroville Mercury-Register December 7, 2010 By Mary Weston OROVILLE, Calif. — [...]

Southern California: Mayor accuses Fillmore councilwoman of violating confidence

Fillmore’s mayor has alleged that a councilwoman violated California’s open meeting law, the Brown Act, when she told a newspaper the results of a closed session evaluating the city manager. -db Ventura County Star October 18, 2010 By Mike Harris In the latest in a string of alleged Brown Act violations by Fillmore City Council [...]

Santa Ynez: School principal loses case alleging open meeting violation

A California court dismissed allegations that the Santa Ynez union Valley High School District Board violated the Brown Act, the state’s open meeting law, in meeting in closed session to consider complaints against a former principal. -db Santa Ynez Valley Journal October 14, 2010 By SYVJ Staff The Second District Court of Appeals, in an [...]

Santa Ana: Closed sessions before council meetings thwart public access

Santa Ana residents are finding it difficult to address the city council on matters of concern since the council always starts their meetings in closed session with no set time for resurfacing for the public session. -db Voice of OC October 7, 2010 By Norberto Santana, Jr. Santa Ana resident Mike Tardiff has a couple [...]

No cameras but Supreme Court justices promise timely audio recordings of oral arguments

A Los Angeles Times writer argues that the Supreme Court justices have no valid arguments for refusing to broadcast hearings. -db The Los Angeles Times Opinion October 6, 2010 By Michael McGough Unaware that video killed the radio stars, the Supreme Court has announced that it will make available, relatively promptly, audio recordings of its [...]

Plumas County forms ad hoc committee to skirt open meeting law

The Plumas County Board of Supervisors formed an ad hoc committee to consider a Feather River College for a “temporary transfer” of funds not over $5 million. The supervisors want to expedite action on the request, and ad hoc committees do not have to give notice of meetings and post agendas in advance. -db Plumas [...]

Huntington Beach City Council pledges to make budget documents more accessible to public

A Huntington Beach resident complained that the city council was bundling crucial budget information into “late communication” packets, making it difficult for citizens to know the importance of the information ahead of time. -db Voice of OC September 20, 2010 By Adam Elmahrek Today the Huntington Beach City Council is scheduled to hold a public [...]

Novato: Anti-immigration activist arrested for addressing audience rather than city council

During a Novato City Council meeting, a man speaking on an immigration ballot issue addressed the audience rather than the council so the mayor called a recess. The man continued to address the audience and was arrested for disrupting the meeting. -db Marin Independent Journal September 16, 2010 By Rob Rogers Police arrested lawyer and [...]

Sierra foothills: Ambulance district admits open meeting violation

Exeter District Ambulance has admitted it violated the Brown Act, California’s open meeting law, and is taking steps to insure that the public is allowed to make comments. -db The Foothills Sun Gazette September 15, 2010 By Reggie Ellis Exeter District Ambulance has made its mistakes, taken its lumps and is well on the road [...]

Orange County: Parents sue about school boundaries claiming open meeting violations

A trial starts this week brought by parents seeking to throw out boundaries for the new Yorba Linda High School. The lawsuit is partly based on the allegation that the superintendent and board members held private meetings on the boundaries. -db The Orange County Register September 12, 2010 By Jessica Terrell YORBA LINDA – A [...]

University of California: Regents consider improving media access to its meetings

The regents of the University of California may change their media coverage policy next week by allowing more public access to its meetings and allowing recording, videotaping and photographing. -db San Francisco Chronicle September 10, 2010 By Nanette Asimov The University of California Board of Regents is expected to toss out a long-standing policy next [...]

Chula Vista school board: Pre-meeting sessions raise questions about open meeting violations

The Chula Vista Elementary school board says that their gatherings before board meetings in the superintendent’s office to eat take-out food and to ask one-on-one questions of the staff are open to the public and not in violation of California’s Brown Act, the state’s open meeting law. -db San Diego Union-Tribune September 2, 2010 By [...]

Morgan Hill: Citizen questions application of speaker cards in city council meetings

A mayoral candidate has complained that the Morgan Hill City Council’s public hearing policy lacks flexibility. The issue arose when the candidate tried to comment on an agenda item without having filled out a speaker card. -db Morgan Hill Times September 6, 2010 By Michael Moore The city council’s public hearing policy – which allows [...]

Driver’s union claims transit authority violated California open meeting law

A San Bernardino County teamster’s union has charged the Mountain Area Regional Transit Authority with failing to convene in open session before adjourning to closed session, a violation of the state’s open meeting law, the Brown Act. -db Big Bear Grizzly August 27, 2010 By Arrissa Owen Turner Mountain Area Regional Transit Authority violated the Ralph [...]

Southern California: Fontana school board president justifies silencing citizens during public comments

The Fontana Unified School District board president said he stopped citizens from talking during public comment period because according to California Education Code Section 7054, citizens could not discuss district issues at school board meetings to promote ballot measures or political candidates. -db Fontana Herald News August 26, 2010 By Alejandro Cano It has happened [...]

Tulare County: Editorial says judge’s ruling blow to open meetings

On the heels of a Superior Court judge’s decision to dismiss a lawsuit alleging Brown Act violations by the county Board of Supervisors, the Visalia Times-Delta argues that the judge should have recognized the overriding importance of the public’s right to know how elected officials conduct public business. -db Visalia Times-Delta Editorial August 26, 2010 [...]

Los Angeles County investigates improper release of information on child death and neglect cases

Los Angeles County have asked departments to investigate inappropriate disclosure of child welfare information, but in making the request in a closed meeting, according to legal experts, have violated the California’s open meeting law, the Brown Act. -db Los Angeles Times August 15, 2010 By Lisa Girion Los Angeles County officials are investigating information released [...]

California school district adopts changes to comply with open meeting law

To comply with California’s open meetings law, the Brown Act, the Fillmore Unified School District board of trustees changed its policies on banning recording of its meetings and their requirement that speakers to the board provide an address before making comments. -db m.vcstar.com August 4, 2010 By Cheri Carlson Fillmore Unified School District trustees have [...]

Texas cities blocked from joining suit against state’s open meetings law

A federal judge ruled that a group of Texas cities cannot join in the suit to overturn the state’s open meetings law because the cities have no guarantee of free speech. Seventeen public officials are challenging the constitutionality of the law that forbids a quorum deliberting behind closed doors. -db Reporters Committee for Freedom of [...]

Public seeks access to Oceano Dunes pollution reduction committees

The Air Pollution Control District Board established two committees to develop a plan for the Oceano Dunes State Vehicular Recreation Area but said according to the county counsel, the committee meetings would be closed to the public as they worked out how to reduce emissions contributing to pollution in the area. -db New Times July [...]

Alameda: Councilwoman asks DA to close investigation of alleged open meeting violation

Through her attorney, an Alameda city councilwoman has asked the Alameda County District Attorney to drop its inquiry into her alleged leaks of confidential information in violation of California’s open meeting law. -db Alameda: Attorney for councilwoman asks DA to close investigation of alleged open meeting violation The Island July 27, 2910 By Michele Ellson [...]

Southern California: Alleged Brown Act violation by school district during teleconferencing

The Orange Unified School District board of trustees has allegedly violated the Brown Act, California’s open meeting act in failing to observe the rules governing teleconferencing votes. According to the act, all votes during teleconference must be rollcall votes. -db Greater Orange News Service July 26, 2010 With Trustee Kim Nichols participating in the June [...]

Tulare supervisors admit open meeting law violations in holding lunch meetings

In a court filing, the Tulare County supervisors admitted violating California’s open meetings law in holding regular lunch meetings they had earlier claimed were only to bolster their esprit de corp. Tulare supervisors admit open meeting law violations in  holding lunch meetings http://www.visaliatimesdelta.com/article/20100721/NEWS01/7210323/Court-filing-Tulare-County-Board-of-Supervisors-admitted-violations-to-open-meetings-law Visalia Times-Deta July 21, 2010 By Valerie Gibbons A new court filing [...]

Southern California: Azusa quarry challenged on open meetings issue

Pasadena Star-News Duarte intends to make courts decide the fate of Azusa Rock Quarry By Daniel Tedford, Staff Writer Posted: 07/23/2010 07:15:06 PM PDT DUARTE – The city is going to take legal action against Azusa over a recently approved plan to mine part of the Azusa Rock Quarry near Duarte’s border. City Council members [...]

Stockton: Grand Jury finds three college board trustees in violation of California’s open meetings law

The County Grand Jury has recommended that three members of the San Joaquin Delta College Board of Trustees be censured for violating the Brown Act,the state’s open meetings law. -db The Record June 29, 2010 By Jennifer Torres STOCKTON — Three members of the San Joaquin Delta College Board of Trustees should be censured for [...]

Northern California: College trustee accuses professors of open meeting violation

A college of the Redwoods trustee has alleged that the Academic Senate violated California’s open meeting law, the Brown Act, by holding secret meetings. The salvo is part of an ongoing dispute between the professors and the trustees over budget cuts. -db The North Coast Journal June 24, 2010 By Ryan Burns College of the [...]

Sunnyvale: Grand Jury claimed city council violated state open meeting law

A Santa Clara County grand jury reported that the Sunnyvale City Council violated the Brown Act, California’s open government law by appointing an interim council member in 2009 without providing adequate public notice. -db San Jose Mercury News June 22, 2010 By John dugan The Sunnyvale City Council violated the Brown Act, California’s open government [...]

Tulare: Suit brought over alleged violations of open meeting and public records laws

Eight Tulare citizens filed suit over actions by the city council who met twice in closed session to discuss the city manager’s complaints against a councilman. The lawsuit holds among other things that the closed session did not meet conditions of the Brown Act, California’s open meeting law, for holding a closed session. -db Tulare [...]

Lodi: School district interviews said to violate district’s own open meeting bylaw

The Lodi Unified School District trustees held closed-door interviews for board openings and selected two finalists. The only problem was that in doing so they violated a long standing bylaw to hold the interviews in a public meeting. -db Lodi News-Sentinel June 11, 2010 By Jennifer Bonnett Three Lodi Unified School District trustees finished closed-door [...]

Brown Act: Editorial opposes change to open meeting law

To save government agencies money, the Senate Budget Committee wants to suspend the requirement that agendas be posted 72 hours in advance. -db Merced Sun-Star Editorial June. 11, 2010 The same money problems that saw 2009 become the newspaper industry’s worst financial year in history now threaten a key part of the public’s right to [...]

Fontana: Mayor concerned about outbursts during meetings

The Fontana City Council is faced with the problem of enforcing the city’s law against citizens’ interrupting a meeting while upholding free speech rights and the Brown Act, California’s open meetings law. -db Contra Costa Times June 9, 2010 By Josh Dulaney FONTANA – It may not be a high crime, but heckling during City [...]

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