Asked & Answered

Q:  Are emails conducting public business done by private contractors for a public agency subject to the Public Records Act? The contractors are hired to do various element of Bond Program Management and act in a function that is very much like or identical to in house staff. A: Under the Public Records Act (“PRA”), public records—which include “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by

Q:  I’ve been having a really hard time understanding how to send a freedom of information act requests to the San Francisco Airport.A web search gave me nothing, except for something about a “Sunshine Ordinance” though I can see that California has a Freedom of Information law in place. Can you help me understand how freedom of information requests work for the City and County of San Fransisco? A: In California, you may request public records

Q: Made Request for records under 6257(f) as the “authorized representative”of a victim and police are claiming disclosure would “endanger successful completion” of six-month-old investigation. No objection re standing or anything else just the investigation exemption. They refuse to articulate how disclosure would endanger. Can’t find any case law on this exemption. [su_button url=”https://firstamendmentcoalition.org/legal-hotline/” target=”blank” style=”3d” background=”#be202f” color=”#ffffff” size=”4″ wide=”yes” center=”yes” radius=”0″ icon_color=”#ffffff” onclick=”CLICK TO LEGAL HOTLINE” class=”div { font-size:x-small; }”]Not the answer need? Ask our Legal Hotline attorneys.[/su_button]

Q:  I am litigating a public records act petition for writ of mandate in Superior Court. The tentative initially went in my favor, but after oral argument, the court reversed its position and denied my petition outright. I am considering an appeal. Are appeals of petitions for writ of mandate under the PRA discretionary, or as a matter of right? How do they differ from traditional state appeals? The formal order and judgment denying the

Q: Three nights ago, my city noticed a special meeting 27 hours prior to holding it. The special meeting was scheduled to occur immediately following a regularly scheduled city council meeting. Regular city council meetings rarely end before 10:00 PM. In this case, the regular meeting did not end until 12:23 AM. Lots of controversy that night. The Special meeting was convened a few moments later. Everybody had gone home by then. The Council voted to