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Asked and Answered

Brown Act CPRA

Access to City Manager’s compensation denied

[…] the pending litigation exemption (Gov't Code § 6254(b)) or attorney-client privilege under the Evidence Code, which is incorporated into the Public Records Act by Government Code § 6254(k). With respect to the pending litigation exemption, the fact that a requested record is "involved in litigation" may not be sufficient to allow the agency to withhold […]

July 28, 2011
Asked and Answered

CPRA

City Stonewalls CPRA Request for Sexual Harassment Complaints Against Council Member

[…] city responded today. They objected to the request claiming: (a) it seeks documents and information protected by the attorney-client privilege and the attorney work-product doctrine (Govt. Code 6254(k); Los Angeles County Bd. of Supervisors v Superior Court (2016) 2 cal.5th 282; County of Los Angeles Bd. of Supervisors v. Superior Court (2017) 12 Cal.App.5th 1264); […]

November 8, 2018
Asked and Answered

Brown Act

When can a public Board claim attorney-client privilege?

[…] for several board members wanted to present their case against me as a Brown Act violator. I believe the lawyer was invited to establish a claim of attorney-client privilege to hide their actions from public scrutiny. Can they get away with this? To what extent can the lawyer's advice, tactical suggestions and service as […]

March 25, 2013
Asked and Answered

CPRA

Will attorney/client privilege keep me from learning how County is spending bond money?

[…] disclosure under the PRA. One of these exemptions covers writings protected by the attorney-client privilege and work-product doctrine, which are incorporated into the Public Records Act via Government Code § 6254(k). In general, California law provides that confidential communications between a lawyer and a client are privileged and do not have to be disclosed. Evid. Code §§ 954, […]

June 8, 2015
Asked and Answered

Brown Act CPRA

CPRA request was denied for document discussed in open session

[…] open session, it became part of the public record. the board in open session, also referred the Corrective Action Plan back to the department head. I received a response to my PRA that the document was exempt from disclosure citing attorney-client privilege. I would like to get an opinion as to whether that is accurate.

January 14, 2016
Asked and Answered

CPRA

Can city business hide behind attorney/client privilege?

Attorney-client discussion are exempt from disclosure under the Public Records Act, Govt Code sections 6254(k), (incorporating Evidence Code section 954) 6254.25, and 6276.04. However, the city council, as the client and thus holder of the privilege, almost always has the option of waiving the privilege and disclosing the record if it so chooses. Whether the […]

July 23, 2013
Asked and Answered

Brown Act CPRA

City Attorney says legal analysis is a CPRA exemption

[…] in Roberts v. City of Palmdale, 5 Cal. 4th 363 (1993). 1. Attorney-client privileged documents are exempt from disclosure under the Public Records Act, Govt Code section 6254(k) (incorporating the privileges from the Evidence Code). 2. Although the Brown Act generally provides that all documents distributed to a majority of the members of a public […]

June 10, 2013
Asked and Answered

Brown Act CPRA First Amendment

Mayor up for reelection wants to stifle public comment on candidates

[…] the deliberative process privilege spring into existence." Another exemption that may be cited is the attorney-client privilege, which is incorporated into the PRA by Government Code section 6254(k), which applies to "ecords, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence […]

August 30, 2010
Asked and Answered

CPRA

Can Employment Records & Dismissal Be Presented in City Council Open Session?

[…] other law exempts them from disclosure. The California Public Records Act (CPRA) incorporates within its exemptions the protections of the California Evidence Code. Cal. Gov. Code § 6254(k). These protections include the attorney-client privilege. In the CPRA context, courts have held that the attorney-client privilege applies to communications made within the scope of the attorney-client […]

November 16, 2018
Asked and Answered

CPRA

How does one deal with CPRA Request Response Denying the Records As ‘Privileged’?

Both the attorney-client privilege and the attorney work-product privilege are incorporated into the Public Records Act through Government Code§ 6254(k). In general, California law provides that confidential communications between a lawyer and his or her client are privileged and do not have to be disclosed. Evidence Code §§ 954-955. However, not everything that passes an […]

May 13, 2019