Asked & Answered

A&A: Access to public library records under Public Records Act

Q: I have been trying to obtain records of withdrawn items from my public library over the past 10 years. When I made my first request, they only provided records covering the last 2 years and 10 months, and they informed me that previous records do not exist – however, I have obtained information that confirms the existence of these records. Other attempts to obtain previous records have been unsuccessful. Does the Public Records Act

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A&A: Grounds for Cease & Desist under the Brown Act

Q: Last June, my local City Council approved a $120,000 contract to a lobbying firm to work on a pending piece of legislation. The approval was in closed session and labeled as “Pending Litigation.”  Under the Brown Act, do I have legal grounds to pursue a Cease & Desist order? [su_button url=”https://firstamendmentcoalition.org/legal-hotline” target=”blank” style=”flat” background=”#7da1fa” color=”#0b0707″ size=”5″ wide=”yes” center=”yes” radius=”0″ desc=”Click Here!” class=”div { font-size:x-small; }”]Have a Brown Act question? Ask FAC’s free Legal Hotline for

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A&A: Utility District board member access to agenda information

Q: I am a board member at my local Public Utility District. I requested information on an agenda item and did not receive it. I submitted questions for response and was denied. During the meeting I could not get any questions answered. Do have any advice as to what I can do? [su_button url=”https://firstamendmentcoalition.org/legal-hotline” target=”blank” style=”flat” background=”#7da1fa” color=”#0b0707″ size=”5″ wide=”yes” center=”yes” radius=”0″ desc=”Click Here!” class=”div { font-size:x-small; }”]Have a Brown Act question? Ask FAC’s free Legal

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A&A: When are closed sessions legitimized under the Brown Act?

Q: I serve as a trustee on a California school board, and I have a Brown Act-related question. At our next board meeting we will be discussing whether to allow exemptions to the ban on carrying concealed weapons on campus (under SB 707). There is some move toward having the discussion in closed session on the grounds that it could potentially involve litigation and become a union issue. Given that there’s no actual litigation, existing

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A&A: Seeking 911 records for wrongful death

Q:  I am seeking records on a 911 report/timing and wondering what is covered under my First Amendment rights. [su_button url=”https://firstamendmentcoalition.org/legal-hotline” target=”blank” style=”flat” background=”#faf47d” color=”#0b0707″ size=”5″ wide=”yes” center=”yes” radius=”0″ desc=”Click Here!” class=”div { font-size:x-small; }”]Have a public record question? Ask FAC’s free Legal Hotline for help![/su_button] A: Unfortunately, “despite their historical treatment as public records (Ops. Att’y Gen. 97-233, 96-89, 93-152, 92-209, 90-576), the state First Circuit recently held that 911 tapes are protected under the ‘privileged

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