FAC

A&A: What rules must public meetings follow regarding agendas and notice?

Q:  I chair the Citizens’ Advisory Committee to the Water District Board. A member of the public attends and harasses the Board accusing them of not following precisely Robert’s Rules of Order at District noticed and agendized Board meetings. Is he correct? A:  As you probably know, in California the Brown Act governs meetings of “legislative bodies,” which usually includes advisory committees such as the one you describe, and would certainly cover meetings of the Water

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A&A: Can the Deliberative Process Privilege be used to avoid answering a deposition?

Q:  Is there any new case law on deliberative process privilege? I read on the website that in 2008 the CA court of appeals ruled Prop. 59 didn’t eliminate the deliberative process privilege. So, is the fact that the right to know is a constitutional right a dead argument? Can the privilege be claimed to prevent deposition of City Council members if it is believed their motivation was discrimination and retaliation? I hope there has

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A&A: What portion of personnel files are exempt from CPRA disclosure?

Q: Exactly what portion of personnel files are exempt from disclosure under the California Public Records Act? Specifically, I am trying to find out whether our child’s public school teacher — who was a probationary employee  resigned;  was terminated for cause, or  was “non-reelected” (no reason required per union contract). Our School District maintains that the vast majority of an teacher’s personnel file is non-public, with the exception of a very limited number of basic

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FAC Joins Brief Urging California Supreme Court to Hold That Internet Content Providers Have a Right Under the First Amendment to Defend Speech on Their Websites

FAC recently joined an amicus brief urging the California Supreme Court to overrule a lower court’s conclusion that Yelp could be required to remove content from its website — even though Yelp never had notice and an opportunity to challenge such an order. The ruling contradicts fundamental First Amendment principles, including the notion that publishers of content—not just the creators of that content—have free speech rights.  It also potentially weakens the robust protections provided to

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California Assembly Bill 1479 Would Add Much-Needed Teeth to Disclosure Requirements Under the California Public Records Act

One of the most frequent complaints FAC hears from people seeking records under the California Public Records Act (CPRA) is that government agencies simply ignore the law’s requirement that the government respond to a request within a certain time frame.  One reason government agencies do this is that there is very little cost to doing so: Although strict timelines are mandated by the CPRA, that law provides no specific penalties for delay. Assembly Bill 1479

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