Asked & Answered

A&A: County Refusing to Share Mold Report they Say Requires Us to Vacate. How Can We Access that Report?

Q:  I am on the board of a nonprofit preschool in a county-owned building and we have just learned that our lease expired nearly two decades ago. This is an old building, but we have been declared safe by the company we hired to do our mold report. The county is refusing to show us their mold report, claiming attorney-client privilege. The county is trying to get us to vacate the building to do remediation

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A&A: Can We Publish Discovery & Depositions From a 1994 California Case?

Q: We operate a news publication. We have obtained discovery and depositions from the 1990s for a California civil case. There were no court orders sealing the discovery or depositions. Can we use that material for a story? A: Although we cannot provide you with specific legal advice, generally speaking, the publication of truthful information regarding a matter of public concern is rarely legally actionable. The U.S. Supreme Court has held that state officials may not constitutionally punish publication of truthful

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A&A: Balancing Police Officers’ Privacy Rights with Public Access — Who Decides?

Q: Who is responsible for balancing the police officers’ right to a confidential personnel file, the police agencies obligation to keep personnel actions and records confidential, and the public’s right to transparency? A: When a member of the press or public asks for records contained in an officer’s personnel file, the agency employing the officer must respond by disclosing the requested records or explaining why it believes they are exempt from disclosure in whole or

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A&A: Do Other Cities Have Sunshine Ordinance Task Forces as San Francisco Does?

Q: Are there other task forces like the San Francisco Sunshine Task Force in other jurisdictions? A: Each municipality’s Sunshine Laws, if they have them, are unique, although they often inspire each other.  If you are facing an access issue in a particular area, it is probably best to determine whether the local government has enacted a Sunshine or Open Government Ordinance first.  Then, determine if there is a Task Force or another special appeals

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A&A: How Does the Police Bill of Rights Affect Transparency and Policing Reform?

Q: Help me understand the Police Bill of Rights and how these laws impact transparency and constitutional policing reform. A: In 1976, California adopted “the Public Safety Officers Procedural Bill of Rights Act,” Govt. Code § 3300-13, which provides peace officers with certain substantive and procedural protections. Perhaps most significantly, the Act establishes limits on how officers may be questioned, investigated, and disciplined. Such laws have been criticized for making it excessively difficult to discipline

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