FAC

A&A: When Does Copyright Apply to Public Records?

Q: I’m a journalist at a technology news site based in San Francisco. And I have a question regarding copyright protections and public records in California. We wrote a story regarding a local VIP’s  plans for a new home. The municipality allowed us to view the architectural renderings of the home in the city offices. But they said we could not make copies of them or reproduce them because they were copyrighted by the architectural

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A&A: CPRA and “Prompt” Production of Records

Q: I submitted a records request to a public school district. After agreeing to narrow it down to what should be a relatively simple search I have now been told it will take an estimated 12 weeks to produce the records. My initial search of case law indicates that there is no hard and fast guideline for what is considered “prompt” under the statute; however, 12 weeks seems very excessive to me considering the small

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A&A: Does Brown Act Permit City Council’s New Rules of Decorum?

Q: The mayor of our city proposed for new Rules of Decorum in light of recent community unrest and the public wanting to express community concerns and distrust in the city officials and business. 1. Can the rules dictate what a community member wants to speak on during regular general public comment? (non agenda items and not during a public hearing) 2. Can the rules dictate whether other community members are allowed to repeat or

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A&A: School District Is Citing Student Privacy As Reason for Denying CPRA Request

Q: I am seeking records from a local school district that is, I believe, withholding public information by inaccurately citing student privacy. I am looking for advice. A: If the records you seek pertain to a specific student, the school district may claim the records are exempt, under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, which is a federal law that protects the privacy of student education records. Although the CPRA itself

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A&A: City Council Met Prior to Public Meeting and Made Last-Minute Agenda Changes

Q: I requested and received emails from the City regarding a developer’s plan that was not made public. The mayor and a council member met before a public hearing in which the agenda was changed at the last minute. The vote was 4-1 in favor of the road we were promised would not go in. Does this violate the Brown Act? A: The Brown Act, requires that a legislative body subject to the Act must post

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