FAC

A&A: How do I enforce my right under the CPRA to inspect records?

Q: I have submitted via fax a Public Records Act Request to a California healthcare district hospital that is a local government entity. The district responded to one request on the PRA but not to the request to inspect the Department of Respiratory Therapy Policy and Procedures Manual. (The title of the manual was found in a Board of Directors meeting agenda. ) Over ten days have elapsed with no response to this request and no

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How Trump’s War on Free Speech Threatens the Republic

BY DAVID SNYDER—On May 17, while delivering a graduation speech to cadets at the Coast Guard Academy in New London, Connecticut, a scandal-plagued President Donald Trump took the opportunity to complain, yet again, about the news media. No leader in history, he said, has been treated as unfairly as he has been. Shortly thereafter, when the graduates presented Trump with a ceremonial sword, a live mic picked up Homeland Security chief John F. Kelly telling

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A&A: What meetings are governed by CA Proposition 54?

Q:  Does CA Proposition 54 cover bodies like county Human Rights Commissions? Mine is trying to say that they are exempt from the requirement to make an audio recording of meetings because: “The Commission doesn’t have the power to vote or passing laws.” I’m told they are just an advisory group to the Board of Supervisors but their agendas are full of action items which are acted upon. A:  My understanding is that Prop. 54 only applies

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A&A: is there a deadline for filing suit over denial of requested records?

Q:  Is there a deadline to file a writ or to initiate litigation upon the denial of a CPRA request? A:   The Public Records Act (“PRA”) does not provide for a statute of limitations for filing suit to enforce the provisions of the Act, and unfortunately it is not clear whether other general limitations periods provided for in the Code of Civil Procedure would apply to the PRA.  If you feel you have exhausted efforts to

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New FAC Lawsuit To Tackle Growing Use of “Reverse CPRA” Suits

FAC sues Milpitas for access to information about alleged misconduct by city officials A new lawsuit filed by the First Amendment Coalition against the city of Milpitas highlights the growing use of so-called “reverse California Public Records Act” suits to pre-empt the public’s right of access to information about their government.   FAC’s lawsuit, filed Friday in Santa Clara County Superior Court, seeks to force Milpitas to release information about alleged misconduct by city officials.

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