Asked & Answered

A&A: 1st amendment right to porn denied by senior center

Q: My local city-run senior center censors books, magazines, films, internet and bulletin-board postings. Though it is a senior center, they pretend to have the right to ban pornography or whatever they deem ”inappropriate.” As a senior citizen, I say I have the right to full internet access, to put off-color books, magazines and films in the library, and to communicate anything legal on the bulletin boards. I hold that pornography is perfectly legal for

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A&A: CPRA request denied for city employee’s college grades

Q: The City has an employee reimbursement education program for college credits. Part of the city’s requirement for reimbursement is a minimum C grade. I made a public records request for the elected City Clerk and I’m told her grades are confidential by some Federal Statute. She has objected to my obtaining this information. Is she protected from disclosure? A: The Federal Educational Rights & Privacy Act (FERPA), 20 USC section 1232g; 34 CFR Part

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A&A: Publishing a photo showing license plate numbers

Q: While walking across a parking lot at an elementary school site, I noticed a car that had been parked in the same place for several minutes. There were two 8 x 11 inched sized ”political messages” affixed to the back bumper of the car: 1 on each side of, and close to, the license plate. The car was parked within 15 ft of a preschool classroom and directly across from a row of elementary

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A&A: Records request denied due to “deliberative process privilege”

Q: My city is claiming “deliberative process privilege” in redacting the planning director appointment calendar. I’m wondering if there have been any successful challenges to the deliberative process privilege since Schwartznegger’s refusal to turn over appt calendars for two aides citing this privilege? A: It has been argued, and a state appellate court has rejected, that Prop. 59 was intended to eliminate the deliberative process privilege. See Sutter’s Place Inc. v. Superior Court, 161 Cal.

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A&A: Does the Brown Act require minutes from city council meetings?

Q: Are city councils required to have minutes? A: The Brown Act, the law that governs the extent to which local agencies such as city councils must conduct their meetings in a manner open to the public, does not require that a city council take minutes. The Brown Act only acknowledges that a minute book may kept for closed sessions and that a legislative body may require another legislative body over which it has appointed

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