Asked & Answered

Q: I am encountering a problem with regards to the California Public Records Act and state parks. I was seeking log sheets, invoices, work orders or receipts regarding a five-year project. I received the log sheets and a map of the work area but nothing more. No explanations or citations of the law were given to explain why those records were not provided to me. I called the state parks and was told those records did

Q: Are there any California Public Records Act cases that allow or disallow the withholding of records under CA Gov. Code Section 6255, based on the danger of the public being misinformed by the disclosure? A: We are unaware of any cases holding that a danger of misleading the public is valid grounds for withholding a record. As you know, the “catch-all” exemption of § 6255 only applies if the agency can demonstrate that “on the

Q: Our small town elected a person to the city council who has been so bullying and rude to residents during public comments, in official emails to residents and in phone calls and encounters on the streets that the council was forced to adopt a code of conduct. Under COVID-19, it would be especially difficult to do a recall effort. Do any of us have any legal recourse? The code of conduct is toothless and

Q: At the last two City Council meetings, the agenda has announced a three-minute time limit per person for public comments. Then, at the start of the meeting, this has been reduced to two minutes. I’ve reviewed (to the best of my ability) relevant case law that allows for deviations from the Brown Act when there is a lengthy agenda, or where the city’s Rules and Procedures outline that speakers can be given “up to”

Q: Can I sue a newspaper for refusing to publish a full-page obituary that I was paying for. I used two naughty words, and I refused to back down. Their paper is laden with foul and vulgar words, usually, just for effect. Mine was a commentary about the social forces that caused the death of the subject of the obituary. A lawyer told me I cannot sue a private paper? Then what are my options?