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Asked & Answered

A&A: Making an FOIA request regarding border security

FAC October 25, 2011

Q: I’m an investigative reporter trying to obtain information from the Department of Homeland Security and Customs and Border Protection (about 32 miles of the northern border are considered secure) and about the number of drugs, guns and weapons crossing over the border. I also need information on staffing levels compared to the southern border and drug, weapons, guns total. They say some information can’t be provided because it’s “law enforcement sensitive.” Is that a

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A&A: Law unclear on collecting signatures on private property in California

FAC October 24, 2011

Q: As a professional signature gatherer for over a decade, it seems that California remains in a legal gray area regarding my right to petition California ballot initiatives on private property. However, there have been a couple rulings that have not upheld the historic Pruneyard case regarding locations like Target and Walmart. Furthermore, Target has ignored the recent San Diego ruling and has continued to have petitioners arrested in the L.A. area. This is an

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A&A: Is it legal to charge fees for viewing a transcript?

FAC October 21, 2011

Q: My organization is being charged a fee to view parole hearing transcripts–not copy; simply view. We are also told we will be charged to view the complete parole board’s response to a public hearing. We would like an opinion on the legality of this policy A: It sounds like you know that under the Public Records Act, “[p]ublic records are open to inspection at all times during the office hours of the state or

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A&A: Can I be charged for agenda-item documents?

FAC October 20, 2011

Q: I attended a fire board meeting tonight where the preliminary budget was on the agenda. They had the budget in a binder on the table. They claimed that providing the budget in that way met the requirement to have the document “available” to the public. If I wanted my own copy I had to pay 20 cents a page. I told them that they were wrong and that hard copies needed to be provided

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A&A: Teacher terminated after closed session

FAC October 20, 2011

Q: Last weekend our son’s 4th grade teacher was fired from her “at will” employment at a local charter school. The board held a Regular Meeting and decided “immediate action” had to be taken. The teacher did not receive 24 hours notice about the meeting but was asked if she wanted to speak for five minutes on her behalf when she happened to walk by the meeting. The board then held a closed session and

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