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  • Posts

    FAC Urges UC Berkeley to Comply with Records Request Regarding Human Remains Found on Campus

    FAC has called on the University of California, Berkeley, to comply with the California Public Records Act (CPRA) and respond to a CPRA request by Berkeley Scanner journalist Emilie Raguso. Raguso seeks emails to and from Tom Mucha, a Cal employee, regarding the skeleton found in an unoccupied building on campus in January 2023. […]

    March 13, 2024

  • Asked and Answered

    Court Records

    Are Depositions Public Records and Can We Publish Portions Of Them Legally?

    We have depositions from a 1994 Cali fornia case with selected content we would like to use for a report. I understand that California depositions are not a matter of public record, though some other states make depositions a public record.The case was dismissed but never settled. Other than attaching the depositions or portions […]

    October 30, 2020

  • Asked and Answered

    Brown Act

    How much detail does the Brown Act require for agenda items?

    The board of supervisors recently passed a resolution requiring public water and sewer for homes built on properties smaller than 40 acres.ย  The resolution number was not listed on the agenda. Is this a violation of the Brown Act?

    June 8, 2012

  • Asked and Answered

    CPRA

    Does cityโ€™s โ€œfee scheduleโ€ for public records violate CPRA?

    […] be a $25 administrative fee per request. The number of pages requested will generate additional fees. The first 10 pages of records will cost $1 per page and each additional page up to 50 pages will cost 25 cents per page. Requests that exceed 50 pages will be provided for the actual cost of […]

    June 24, 2010

  • Asked and Answered

    Newsgathering

    Requesting tax information from a non-profit organization

    […] reporter currently working on a series of articles on a local nonprofit. I know that as a 501(c)3 nonprofits have to file financial information with the IRS and are required to show the 990 form to anyone who asks. As a journalist and member of the public, can I request financial information from the […]

    August 19, 2010

  • Asked and Answered

    Brown Act

    Getting information from closed sessions

    […] has agendized for the upcoming meeting the following under closed session using 54956.9 for the below items. a.ย  Public Employee Discipline/Dismissal/Release b.ย  Conference with Labor Negotiator Does this mean that during open session they need not disclose the position of the employee that was being disciplined and dismissed or what the labor negotiations outcome was?

    June 14, 2009

  • Asked and Answered

    CPRA

    Powers that be ignored CPRA request. What should I do next?

    I recently filed CPRA requests with the California Department of Justice havingย to do with aย hot-button issue the powers that be might not be too happy to make public. Nevertheless, the Sunshine laws mandate disclosure. As I am being stonewalled, I am requesting input as to what I can do.

    May 11, 2015

  • Asked and Answered

    CPRA

    School district denying access to public records

    […] district. The initial request was denied because the documents contain information concerning "pupil education records." I responded that the information should be redacted but they still need to provide the redacted documents. The district Public Information Officer (PIO) replied with the same exact response, claiming the document is exempt. What further steps can I […]

    May 2, 2016

  • Asked and Answered

    CPRA

    Can An Agency Charge Fees for Inspecting Public Records?

    […] you to inspect emails or get copies of emails based on Government Code section 6253.9(b)?ย  Are they allowed to use rule of cost to construct a record, and the cost of programming and computer services necessary to produce a copy of the record, for the charging of emails either to inspect them or get […]

    February 26, 2018

  • Latest News

    FAC News Press Release

    First Amendment Attorney Duffy Carolan Elected President of FAC Board of Directors

    […] firm in San Francisco, Carolan represents a wide range of media in defamation, prior restraint, copyright, and Internet law, among other cases. In addition, Carolan serves as newsroom counsel to more than 30 newspapers in California, providing advice to reporters and editors on deadline, as well as defending against subpoenas seeking unpublished source information. […]

    January 15, 2018