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FAC

A&A: Teacher terminated after closed session

FAC October 20, 2011

Q: Last weekend our son’s 4th grade teacher was fired from her “at will” employment at a local charter school. The board held a Regular Meeting and decided “immediate action” had to be taken. The teacher did not receive 24 hours notice about the meeting but was asked if she wanted to speak for five minutes on her behalf when she happened to walk by the meeting. The board then held a closed session and

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A&A: How can I get around the CPRA “catch-all” exemption?

FAC October 19, 2011

Q: A recent CPRA request  to the  California Department of  Justice resulted in a partial denial of responsive records; they claimed the deliberative process exemption for the records not provided (citing Times Mirror). If a process is not related to something truly requiring secrecy, are there any options to pursue this information and what would be the appropriate response to their letter? A: For background purposes, Government Code section 6255(a) of the Public Records Act,

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A&A: City council candidates’ website URLs have been excluded from the city website

FAC October 11, 2011

Q: Our city is having an election in November for city council members. On the city’s website, they list each candidate’s name, address, phone number, etc.  When I suggested to the city clerk that the candidate’s website address also be included as a public service, I got a response that: ”The City’s responsibility is to remain neutral regarding candidates and elections. Therefore, we provide the contact information that each candidate provides to us to make

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Brown vetoes bill limiting cellphone searches by police

FAC October 10, 2011

Gov. Jerry Brown has vetoed SB 914, a bill sponsored by the First Amendment Coalition that would have required police to get a warrant before searching through the smart phones and other electronic devices of people they arrest. The bill would have overridden a recent California Supreme Court decision allowing warrantless searches of cellphones. Interpreting federal law, the Court ruled that in a search “incident to arrest,” police can treat the files on a suspect’s

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A&A: When government outsources program are documents public?

FAC October 10, 2011

Q: I have asked the city for a particular statistical report about their red light camera system. They have refused to provide the records, and have ignored my offer to pay (per GC 6253.9(b)). The requested report is one which a city can obtain by going to the website of their red light camera vendor, selecting the report from an on-screen menu of report types, then selecting the intersection to be covered by the report,

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