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Asked and Answered

Brown Act

When does a non-profit fall under the Brown Act?

[…] the Brown Act? If the Association does receive monies from the City under an Assessment is the Association under the Brown Act? If the Association establishes a new organization and is registered as a 501(c)(3)to become eligible for grants does that organization fall under the Brown Act? If the Association gives money to the […]

July 31, 2013
Asked and Answered

First Amendment

Collecting petitions in public spaces

[…] signatures. With respect, especially, to the Albertsons decision, are their any other rulings regarding whether shopping centers and/or individual stores can discriminate based on content? Two situations come to mind: 1. The Girl Scouts, Salvation Army at Christmas, local PTA, etc. are allowed to solicit customers coming and going but the center or business […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Are Special Districts covered by Brown Act, CPRA?

[…] this section of the Government Code that address the formation of special districts. See, e.g., Gov't Code section 56859 (formation proceedings); 56860 (proposal for formation of a new district made by petition); etc. It seems that the Public Records Act would apply to special districts, since it specifies that the act applies to any […]

January 2, 2011
Asked and Answered

Newsgathering

Can I use audio clips of solicitors refusing to be interviewed?

[…] are soliciting money pledges for various causes on the local university campus, outdoors, in public. I approached them with a recorder, identified myself as a radio reporter and started asking them questions. Their response was, "I don't want to answer any questions!" Is it legal to include that audio clip in my story, which would air on the radio? Or […]

May 12, 2014
Asked and Answered

Brown Act First Amendment

Bundling agenda action items silences public input

I would like to question the legality of a new practice our school board school board to "bundle" regular action items on the agenda. At the only regular board meeting of August 2010, after approving the consent calendar, the board approved the regular agenda items as presented. Their own by-laws state an agenda item […]

September 17, 2010
Asked and Answered

CPRA

Does the CPRA allow access to notes from interviews with job candidates?

[…] outweighs that served by disclosure in order to protect the deliberative process. Wilson v. Superior Court (1997) 51 Cal.App.4th 1136; see also , California First Amendment Coalition v. Superior Court (1998) 67 Cal.App.4th 159. What recourse do I have to compel these notes? I believe they will demonstrate that I was a more qualified candidate.

September 16, 2013
Asked and Answered

First Amendment

How can Ebay censor my listing to sell Confederate Flag belt buckles?

[…] in a Listing policy. As a result, we've taken the following actions on your account:– Selling privileges have been temporarily restricted. You won't be able to list new items for 3 days. You're also not allowed to register a new account during this time.– Item listings have been removed. A list of removed items […]

October 14, 2015
Asked and Answered

CPRA

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

[…] that do not relate to accessing public records. Nevertheless, you may be able to use the PRA to obtain information that is relevant to your inquiry. For example, if public records reflect the basis for the county’s contention that it is authorized to use the funds at issue, then you should be able to […]

June 8, 2015
Asked and Answered

CPRA

State Public Health Department Withholding Public Inspection Records

I called and reported a radiation exam concern last year to my state's public health department. After months of trying to obtain the results of the inspection report, I was told I had to submit my request online which I then did. The report lacked specificity and appeared to be lacking all of the […]

February 7, 2018
Asked and Answered

Newsgathering

Can CSU lobby for laws that boost their budget?

I am working on an article concerning letters CSU sent out that seem to advocate Proposition 30, the California tax initiative that will help reduce cuts to the school system. I had a few questions on the legality of this.

December 23, 2012