Asked & Answered

A&A: When should “anticipated litigation” be agendized?

Q: In 2010 our City Council was contacted BY the IRS about a series of Build America Bonds that the City had received. The IRS felt that the money was spent improperly (by spending on acquiring an undeveloped parcel related to an unrelated legal settlement rather than by initiating a ”shovel ready” project). The IRS threatened to take the money back which would likely have bankrupted the City. This was made public two years later

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A&A: District denies teacher access to defaming emails

Q: As a school district employee, what are my rights regarding access to emails received by the district from an outside agency regarding me?  It involves accusations and I feel I have a right to know exactly what the allegations are. The school district has been slow to even acknowledge my request to see and get copies of the emails. A: Under the Public Records Act (CPRA), a record prepared or maintained by a public

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A&A: Rights threatened by trade associations for voicing opposition to bill they favor

Q: At the CA Legislature, I introduced myself as a member of of two realtor associations before speaking out in opposition to a bill under discussion. The associations are in favor of the measure, which is in direct violation of our mission statement to protect private property rights. The CEO of one group sent me a threatening letter saying that I was not authorized to speak for either organization; that I may not make those

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A&A: No oversight when councilmembers compile emails in response to record requests

Q: Is it a violation of the Public Records Act for public officials to compile potentially incriminating electronic documents on their own, in response to PRA requests, with no actual oversight? I just learned that when a Public Records Act request is submitted to the City Manager of my hometown, for potentially incriminating electronic documents of a City Council member, the City Manager requests that the City Council member compile the requested documents on their

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A&A: Surveillance of email, IP address, and subpoenas

Q: I understand the local police can subpoena your email and IP address without a judge. Is there anyway to know if the police are doing this to a person? Can a person find this out? A: Because public records laws tend to exempt records related to law enforcement investigations, it could be difficult to determine whether a law enforcement entity has sought or obtained records from your communications providers, especially if the agency has a

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