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Asked & Answered

A&A: Is a recorded message on a voicemail considered private?

FAC January 9, 2013

Q: Is a recorded message on a voicemail considered private or can it be recorded for legal purposes? A: It is doubtful that the recording of a message from someone who voluntarily leaves a message on a voicemail will violate a wiretapping law because the laws generally prohibit only surreptitious listening or recording. Those leaving voicemail messages fully expect that such messages will be recorded. For example, California’s Eavesdropping Law, Cal. Penal Code section 632

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A&A: Fee to place political campaign signs

FAC January 9, 2013

Q: In my community, any person, business, campaign organization, or other entity who proposes to post or display more than five off-site event signs shall obtain a permit, pay a fee and/or deposit to the Code Enforcement Division: • No person, business, campaign organization, other entity may apply for more than one (1) off-site event sign permit that relates to signs that are identical or substantially similar. • Off-site event sign permit approval sticker shall

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A&A: Does the CPRA allow use of iPhone to photograph public records?

FAC January 9, 2013

Q: The County Recorders Office prohibits the use of hand scanners or digital cameras in its Public Documents room and requires researchers to purchase document copies from them. Is this restriction legal ? A: The California Public Records Act (CPRA), in pertinent part, only requires that an agency’s records be “open for inspection”, Govt. Code section 6253(a), and that “upon request for a copy of records . . . [the agency] shall make the records

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A&A: What does Brown Act say about board members’ having secret affair?

FAC January 9, 2013

Q: In a board of five members, two are having a sexual affair with each other. Both have spouses and children, yet “secret” affair  is so obvious that the the story  has been published on a local news website.  We suspect vote collusion, conflict of interest and Brown act violations.  The school district has refused to investigate the allegations. What can we do? A: The Brown Act has as its sole focus the extent to

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A&A: Can CSU lobby for laws that boost their budget?

FAC December 23, 2012

Q: I am working on an article concerning letters CSU sent out that seem to advocate Proposition 30, the California tax initiative that will help reduce cuts to the school system. I had a few questions on the legality of this. A: Your question seems to be whether a public agency may engage in lobbying activity. Although “lobbying” typically refers to communications to legislators urging them to take a particular position on pending legislation, with

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