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Asked and Answered

CPRA

Council-elect make decisions, but claim documents are not public

[…] the historic occasion. Two elected members of the city council-elect (who will not be sworn in until the day of the celebration) serve on this committee. My questions: is this committee considered private? Am I entitled to the financial records of this committee? I have requested the budget for the event, how much has […]

October 21, 2010
Asked and Answered

CPRA FOIA

Construction inspectors’ addresses omitted from CPRA response

[…] crane construction inspectors. Cal OSHA (Occupational Safety & Health Administration) responded to my CPRA request with a partial list of crane inspectors, with their addresses. I demanded the rest of the list and they gave me an alleged complete list without the requested addresses. They said the addresses were exempt as personal info. Is this true or not?

July 18, 2013
Asked and Answered

CPRA Police Records

Denied info on police officer’s status after arrest on animal cruelty charge

[…] to be transparent in this regard, particularly where the police officer in question is facing felony charges. That said, there’s nothing that requires public employees to answer questions, and given the police officer’s employment status is likely related to internal disciplinary proceedings, the agency is probably relying on Penal Code § 832.7 as justification […]

March 13, 2017
Asked and Answered

First Amendment

What to do when a government agency requires a permit and insurance to protest

[…] whether $648 would be too much. More than 60 years ago, the U.S. Supreme Court upheld a permit fee of up to $300 per day. Cox v. New Hampshire, 312 U.S. 569 (1941). More recently, the California Court of Appeal upheld city permit fees that were "nearly 50 times higher" than the amount in […]

June 14, 2009
Asked and Answered

Brown Act First Amendment

Board retailiating against former colleague who called them on Brown Act violations

[…] been a hangar tenant at the same airport. In 2008 I decided to not run for another term and became a spectator. What I observed with the new Board was an immediate termination of the GM and hiring of a new GM with no public sector experience. Since his employment, I caught and exposed […]

August 21, 2011
Asked and Answered

First Amendment Police Records

I couldn’t video tape my own arrest, but a reality show was allowed

[…] insisted I could film a public proceeding such as my own arrest, the "warden" brutalized my hand until I had to let go of the camera. My questions are: 1. am I not allowed to film my own arrest if I am not bothering any other aspect of the arrest? and 2. Does not […]

September 4, 2011
Asked and Answered

CPRA

Are emails sent to elected officials private or public?

[…] it would seem there could be potential for abuse of the "system" if there were a "faction" of people who could anonymously send biased emails attempting to sway the council one way or the other, sign their emails 'Concerned Citizen', say things that aren't true and completely un-verifiable in any way. What do you think?

September 17, 2010
Asked and Answered

Brown Act

Council took action on a for-discussion-only agenda item

[…] undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, […]

December 6, 2010
Asked and Answered

First Amendment

Controversial art in public spaces

A recent art exhibit in the lobby of a city hall for the Chinese New Year was removed because it was considered inflammatory. The work in question juxtaposed a portrait of Mao Zedong and George Washington a la Andy Warhol. The other artists whose work appeared in the exhibit took down their work in […]

June 14, 2009
Asked and Answered

CPRA

Is A Public Agency Required to Disclose Names of Board Member Applicants?

[…] CFAC case, the Court of Appeal said that if the applicants for the position in question – who were evidently required to submit answers to potentially sensitive questions – knew that the application materials would be open to the public, they might be discouraged from applying or discouraged from providing complete and candid answers. […]

February 23, 2018