First Amendment News

A&A: Private institutions, public funds and the CPRA

Q: If a private institution such as university or college receives public and private funding for research, can a member of the public get access to records that pertain only to publicly funded research? A: Generally speaking, private universities are not subject to the PRA.  The PRA applies to the public records of state or local agencies.  Under certain circumstances outlined in section 54952(c) of the Brown Act (incorporated into the PRA by section 6252

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Federal judge rules suit can proceed over government lawyer’s torture justifications

Federal judge rules suit can proceed over government lawyer’s torture justifications A U.S. district judge said a convicted terrorist Jose Padilla could sue Bush administration lawyer John Woo for memos that argued that certain rough treatment did not constitute torture. -DB San Francisco Chronicle June 13, 2009 By Bob Egelko A prisoner who says he was tortured while being held for nearly four years as a suspected terrorist can sue former Bush administration lawyer John

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District Attorney: No open meeting violation by Ross Valley school board

District Attorney: No open meeting violation by Ross Valley school board After a school board trustee resigned concerned about possible violations of the Brown Act, the district attorney absolved the board of violating the act but suggested that better documentation and procedures in closed sessions would improve transparency. -DB Marin Independent Journal June 11, 2009 By Rob Rogers An investigation by the Marin County District Attorney’s Office has found no evidence that the Ross Valley

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Brown Act violation charged in appointment of new Oxnard school superintendent

Brown Act violation charged in appointment of new Oxnard school superintendent Concerned parties questioned the process of appointing an interim superintendent for the Oxnard Union High School District. Under the Brown Act school boards may discuss and decide on an appointment in a closed session but not determine salary. -DB Ventura County Star June 11, 2009 By Cheri Carlson Oxnard Union High School District trustees named an interim superintendent Wednesday night, signing off on a

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A&A: Unauthorized meetings and communication between members of a legislative body

Q: This situation refers to a California Community College which is part of a large Community College District. The president of the Senate was picked up at her house by the president of the college and accompanied to a meeting which was held at the house of a faculty member from one of the other colleges in our district. The meeting was held in a city that is outside of our college district.  The Senate

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