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November 2011

A&A: Should I need authorization to access arrest records?

FAC November 22, 2011

Q: I submitted a request arrest and incident reports from a police department for a case involving my client but I got a call from someone in the Records Department who said that I needed to submit signed authorization from my client. Is that the case in your practice? A: If a person were submitting a request for reports under the Public Records Act, then there would be no requirement to submit any kind of

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A&A: Does a councilmember use of personal email address mean all messages are exempt?

FAC November 22, 2011

Q: I was wondering if a city councilmember uses his personal email address as his primary source of contact, lists it on a city’s website as his email address, if any communication done on that email address is still exempt from the California Public Records Act? Is any legislation is coming down the line to address that? A: First of all, there is no rule that e-mail communications regarding the public’s business that are sent

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A&A: Blogger ‘s identity exposed, and legal threats made against her

FAC November 21, 2011

Q: I am writing today for guidance regarding my rights as a blogger. I am the author of a cosmetics complaints blog and creator and one of the admins of the complaints Facebook Page. The blog and page initially were started in an effort to obtain a refund from a cosmetics company due to sanitation questions. The company also had a recall in December of last year. The blog and page have slowly become more

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A&A: Can the city manager demand political cartoons removed from senior center?

FAC November 18, 2011

Q: Recently the city manager sent an e-mail to the president of the senior center regarding complaints  his office had received about the local newspaper’s political cartoons being posted on the wall inside the senior center. While the senior center is owned by the city, a local nonprofit pays rent on the building, maintains it and operates it. When asked, the City Manager responded that this is not a violation of the Brown Act because

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