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Asked and Answered

CPRA

Accessing public records on mental health workers

[…] an important perspective. However, how can we know these Counties are telling the truth? Since the County MH department claims it’s personnel possess this qualification, are they compelled to produce the names of these individuals? If the County did not claim to employ individuals with this qualification, we would have no basis to request […]

June 11, 2013
Asked and Answered

CPRA School Records

Globe trotting university official keeps tabs on dog sends bill to tax payers

[…] plaintiff who prevails in litigation filed pursuant to the Act. Gov't Code § 6259(d). Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.

March 20, 2012
Asked and Answered

CPRA

Councilman asks intern on date via city issued cell

[…] business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics," Gov't Code section 6252(e) -- are presumed to be open to the public and must be disclosed unless a specific provision of the Act or other law exempts them from disclosure. "Writing" includes not only writings […]

November 21, 2009
Asked and Answered

Newsgathering

Does Ohio law allow videotaping of council meetings?

I have a local AM talk radio show in Ohio. Recently, I decided to visit my local council meetings and digitally record them on my computer. This seemed to have made a certain councilman angry. My question is, that I consider the act of recording a public council meeting and then airing portions of […]

August 23, 2011
Asked and Answered

Brown Act Newsgathering

Restrictions on Agendas and Minutes

[…] if the place where the agenda is posted is inaccessible to them during any portion of the required 72-hour period." Id. The AG noted by way of example that "if the building in question is closed during the evening hours, the agenda may be posted on the outside of the building in a lighted […]

March 5, 2012
Asked and Answered

First Amendment

Regulating teacher speech

I am a public school teacher. Our individual school site has an "all staff" conference whereby all staff member may post material. My school is committed to bilingual education, Hispanic culture, etc. I posted some articles on how poorly bilingual education performs compared to immersion, etc. that does not conform to the party line. […]

June 14, 2009
Asked and Answered

CPRA

How are attorney’s fees calculated in CPRA cases?

[…] disclose records that clearly should be or provide an exemption or other concrete reason for not providing the requested documents. The attorney wants $5,000 to write the complaint and start the lawsuit (although he admits he does not know the typical amount for a CPRA complaint). My question is: what kind of fees do […]

July 27, 2010
Asked and Answered

Brown Act

Does the Brown Act allow closed session negotiations for all public school contracts?

[…] has an interest in the ultimate results of these labor negotiations, section 54957.6 is to be construed narrowly in favor of the Act’s general requirement of holding open and public meetings." The follow up question is whether there is any weight to an Attorney General’s opinion. I have contacted our local District Attorney and they […]

July 19, 2016
Asked and Answered

CPRA

City avoiding disclosure of personal email

[…] How a court might decide the question is not certain, however, and would depend in part on the facts of the particular case. In January 2007, a newspaper in Tracy requested communications between city officials and the Lawrence Livermore National Laboratory. Although the city produced certain emails, it did not produce emails between a […]

January 13, 2012
Asked and Answered

Brown Act CPRA

Park & Rec “advisory committee” keeping its advice secret

1. Can the (recently appointed) president of a Park and Recreation board form a "Management Committee" without approval of the full Board when one of the (two) members of said Committee is a public member? 2. This "Committee" met with representatives of several public and possibly private (non-profit) organizations without publicly reporting who they […]

August 8, 2011