The CalAware Guide

COMMUNITY

WATCHDOG
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An Investigative Checklist

Sunshine laws like the Brown Act and the California Public Records Act (CPRA) are in themselves no
guarantee of preventing the kind of bureaucratic organized crime that former elected and appointed leaders
of the City of Bell were prosecuted for.
Those crimes involved such practices as misappropriation of public funds by city council members paying
themselves for momentary meetings of do-nothing boards created just to justify that pay and, on the part of
the city manager and his assistant, falsifying certain contract documents and hiding others to conceal
extraordinarily high rates of pay for themselves and the police chief.
If officials are prepared to resort to outright lies, conspiracy and fraud to advance schemes they know the
public would never accept, the open government laws may not stop them. But these and other transparency
rules will make corruption much harder to commit and sustain, if reporters and citizen watchdogs
understand and use them confidently and consistently. This is what was not happening in Belluntil the Los
Angeles Times stumbled on to some rumors and odd gaps in information and began using the CPRA
aggressively to uncover layer upon layer of astonishing self-dealing.
Even if your community is reassuringly free of downright criminal leadership, which is almost certainly the
case, using this checklist will unfailingly supply sometimes neglected or overlooked information that can be
real news for journalists, fodder for public discussion by bloggers and other watchdogs, and an agenda for
action by alert citizens generally.
For help with this checklist, report any resistance or denials you encounter to info@calaware.org.

CONTENTS

Meetings of Local Government Bodies

and the Brown Act
The Basics: Frequently Asked Questions
What is the Ralph M. Brown Act?
Which local government legislative bodies does the
Brown Act apply to?
When is there a meeting covered by the Act?
Does the Act allow out-of-town meetings?
Can the meeting place be relocated for emergencies?
How must Brown Act bodies publicize their meetings?
What notice of meetings is required for meetings held on a
regular schedule?
What if action is taken or discussion is undertaken on offagenda items?
What are the rules for public notice of special meetings?
What are the rules for public notice of emergency
meetings?
When can the one-hour notice to the press of an
emergency meeting be disregarded?
When must copies of meeting-related documents be
available?
Must the body allow public comment at regular meetings?

When may public comment be denied?

Must the body allow public comment at special
meetings?
May the body limit the time allowed for public
comment?
Must the body permit public comment on any matter?
May the body forbid comment on certain matters by
the public?
What topics may the body address in closed session?
What personnel matters does the Act permit the body
to discuss in closed session?
When must an agency employee be alerted concerning
a closed session about him or her?
Besides personnel discussions, what are the other most
frequent bases for closed sessions?
Are there limits on the pending litigation closed
session?
Are there limits on a property negotiation closed
session?
Are there limits on an employee bargaining closed
session?
Must any disclosures be made about closed sessions
beforehand or afterward?
When the Brown Act is violated, what kind of court
enforcement is available?

Can the plaintiff who wins a Brown Act case recover the
attorneys fees expended?
Is a knowing and deliberate violation of the Brown Act a
crime?

Beyond the Basics: What to Watch and Ask for

1. Ad Hoc Committees
2. Meetings off the Regular Schedule
a. Special Meetings
b. Emergency Meetings
3. Background Records Distributed to the Body
4. Serial Briefings
5. Closed Sessions
a. Litigation
b. Personnel
c. Employee Bargaining and Raises
d. Real Property

Government Information and the Public

Records Act
The Basics: Frequently Asked Questions
What is the California Public Records Act?
Does the CPRA apply to federal records?

Does the CPRA apply to all important records in state and

local government?
Must I have a need to know in order to have access to
records under the CPRA?
Must I make my CPRA access request in writing?
Must I identify myself in making an access request?
Must I reveal my purpose in making an access request?
How well must I describe what Im looking for?
Can I require the agency to compile a list or write a report?
Must the agency help me make an effective request?
What can I be charged a fee for: Inspection? Copying?
How soon must my request get a response?
Does an exemption from disclosure mean that the agency
cant provide me with access?
May the agency provide public access to certain favored
persons but not me?
If part of a record is exempt, may all of it be withheld?
Are draft documents exempt from disclosure as such?
Are litigation-related records exempt permanently?
What kind of information can be withheld to protect
personal privacy?
Are the exact earnings of named government workers
public or private?

Are complaints about and discipline of public employees

confidential?
Which law enforcement information is exempt from
disclosure?
Must I sign something or provide credentials to get access
to law enforcement information?
Are the CPRA exemptions the only legal bases for
withholding information?
Can a record be withheld if it is not made expressly
confidential by some statute?
What is the deliberative process privilege?

Beyond the Basics: What to Watch and Ask for

1. Money Issues
a. Employment Contracts
b. Loans
c. Credit Cards and Expense Reimbursements
d. Merchandise and Service Contracts; Leases
e. Check or Warrant Registers
2. Integrity Issues
a. Economic Interests
b. Political Contributors
c. Ethics Training

3. Performance Issues
a. Litigation Claims and Settlements
b. Audits and Grand Jury Reports
c. State Auditor
d. State Controller
e. Grand Jury
4. Records Preservation and Destruction
1. City Records
2. County Records
3. Community College District Records
4. School District Records

Meetings and Records of Local Court

Administration
Introduction
Meetings
Records
What kinds of administrative records are available under
Rule 10.500?

What are the applicable exemptions from disclosure under

Rule 10.500?
How do I make a request for court administrative records?
Will I be charged a fee for copies?

Finances, Performance and Integrity

Meetings of Local Government Bodies

and the Brown Act
NOTE: This chapter provides only an introductory summary of the basics of the
Ralph M. Brown Act. Comprehensive treatment of all provisions of that law,
including case law, Attorney Generals opinions and related regulations, as well as
the open meeting laws of all other state and local bodies, is provided in The
CalAware Guide to Open Meetings in California (OM), available on
Amazon.com in paperback. Many points made here are given fuller treatment in
that guide, keyed to the section where it is found, for example OM: 1-2(b)

The Basics: Frequently Asked Questions

What is the Ralph M. Brown Act?
The Brown Act is the state statute that requires multimember bodies of local government agencies to hold their
meetings open to the public, upon adequate prior notice,
and to allow citizens access to related public records and
to address the bodies at the meetings.
Which local government bodies does the Brown Act apply
to?
That term encompasses an agencys governing body (for
example the board of supervisors of a county), any body
created by state law (for example its planning commission),
any city body created by charter, and any standing
committee of any of these bodies. It also applies to any
multi-member body created by ordinance, resolution or
other formal action of an existing legislative body to serve
as a special advisory or study group, if the group contains
one or more members who are not on the creating body
(for example a blue ribbon or outreach task force
comprising at least some staff members and other citizens).
Government Code 54952, subdivisions (a) and (b). In the
latter case, if the advisory body has been created as the
result of a legislative bodys policy, it makes no difference