FAC

A&A: Can a California agency deny my records request without providing any citations or reasons?

Q: I am encountering a problem with regards to the California Public Records Act and state parks. I was seeking log sheets, invoices, work orders or receipts regarding a five-year project. I received the log sheets and a map of the work area but nothing more. No explanations or citations of the law were given to explain why those records were not provided to me. I called the state parks and was told those records did

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A&A: Can a records request be denied in California over fear of the public being misinformed?

Q: Are there any California Public Records Act cases that allow or disallow the withholding of records under CA Gov. Code Section 6255, based on the danger of the public being misinformed by the disclosure? A: We are unaware of any cases holding that a danger of misleading the public is valid grounds for withholding a record. As you know, the “catch-all” exemption of § 6255 only applies if the agency can demonstrate that “on the

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A&A: Councilman is rude to speakers making public comments. What is our legal recourse?

Q: Our small town elected a person to the city council who has been so bullying and rude to residents during public comments, in official emails to residents and in phone calls and encounters on the streets that the council was forced to adopt a code of conduct. Under COVID-19, it would be especially difficult to do a recall effort. Do any of us have any legal recourse? The code of conduct is toothless and

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Craig Newmark Philanthropies Commits $100K to FAC

Gift fuels journalist training programs, open-government litigation and press freedom defense work  The First Amendment Coalition today announced a $100,000 gift from Craig Newmark Philanthropies to support the nonprofit’s work advancing government transparency, free speech and a free press.  The gift comes during an especially critical time for combatting government secrecy and threats to the First Amendment. Americans are demanding answers about police misconduct and the government’s response to the global pandemic. FAC is fighting

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A&A: Can a California City Council Cut Public Comment Time with No Notice Before Meeting?

Q: At the last two City Council meetings, the agenda has announced a three-minute time limit per person for public comments. Then, at the start of the meeting, this has been reduced to two minutes. I’ve reviewed (to the best of my ability) relevant case law that allows for deviations from the Brown Act when there is a lengthy agenda, or where the city’s Rules and Procedures outline that speakers can be given “up to”

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