firstamendment

Private attorney costs to public agencies and attorney-client privilege Q: Can a County Counsel’s office contract with a private law firm to help litigate a civil lawsuit, and not disclose the amount of the retainer agreement? Is it a confidential communication under the lawyer-client privilege? All I want to know is how much money the county plans to spend hiring an outside law firm. A: The courts that have addressed the issue—primarily federal courts in California—

Requests for applications of public positions Q: I live in a City with a deep history of closed government.The City Clerk has just notified me that I can not review (partially redacted) copies of job applications of the director of the City’s planning department. I will not be allowed to see anything.It is my understanding that CFAC’s stance is that I should be allowed to review such materials. Do you have any suggestions as what

Access to names of applicants to official positions Q: The City Council will soon be considering the applications filed for three openings on two commissions. I am trying to obtain the names of the applicants and I am being met with some resistance. Should I have access to the names? A: The information you are requesting is not expressly exempt fromdisclosure under the California Public Records Act.  There are two casesaddressing comparable situations, however, that

School District agenda packets Q: I have submitted a phone request to my local School District for copies of the Board Packet.  I was refused, stating that “it was not their policy.”  I then sent a Certified Letter citing legal references and demanding the documents.  They are still delaying and refusing. A: If it’s the former, it appears that the School District is violating the Brown Act and the Public Records Act.  The Brown Act

Access to agenda attachments Q: Does a government body subject to the Brown Act also have to provide access to the attachments to agenda items 48 hours before the meeting?  If so, do they have to also provide copies of the attachments upon request if the person pays the copying fee? I am referring to attachments that make up the agenda packet. A: You may request that a copy of the agenda and “all documents