Asked & Answered

Q: A local agency claims that collecting emails via a search term falls under the “data compilation” clause of CPRA 6253.9(b)(2) and therefore they can charge me to inspect them. Is the agency correct? A: The agency’s contention that the data compilation provision allowing fees for these tasks applies to its search for emails is, indeed, novel.  Looking at the plain text of Gov’t Code § 6253.9(b)(2), it is clear that such fees for the production

Q: My City’s Code creates a system of Neighborhood Associations and, above them, a tier of District Coalitions. The NAs and DCs are quasi-governmental bodies supported and funded by the City to assist with neighborhood-level governance and participation in city decision-making; however, they have non-profit status. One of the NA board members is facing litigation due to his expression of opinion in a public forum. Are these agencies protected under the First Amendment? A: Given that the

Q: I believe an individual was appointed County assessor unfairly through an exchange wherein the newly appointed assessor promised the supervisor board he would not run for mayor. I am seeking record of this agreement; I believe it could be in violation of the Brown Act, please advise. A: The Brown Act serves to facilitate public participation in all phases of local government, and prohibits “serial meetings” and communications amongst a majority of the members

Q: My permit to promote awareness of my company was denied at an International Airport. However, based upon the permit application, I do not see any basis for the rejection, is this a violation of my First Amendment rights? A: It sounds like you would like to advertise your company in person at the airport.  This probably would be considered commercial speech, which, while still afforded First Amendment protection, is held to lower standards than

Q: I recently submitted a CPRA request inquiring about my personal medical record. The CPRA was accepted but certain information that I requested was forwarded to several medical departments, requiring their consent to disclose. If a document is not responded to through a CPRA, what are my further options, or entitlements (preceding an expensive court action)? A: As you appear to be aware, under the California Public Records Act, public records — which include “any