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Press Release

Court Finds Former San Jose Mayor Sam Liccardo and City Violated Public Records Act

[…] of our dogged efforts to hold the city of San Jose and former Mayor Liccardo accountable," said Ramona Giwargis, co-founder and CEO of San José Spotlight. " Government cannot operate in the shadows, and public officials should not and cannot conduct stealth government through texts on their private phones, as Mayor Liccardo tried to […]
- Government Transparency and Accountability
August 30, 2023
Posts

FAC To LAPD: Police Bodycam Footage is a Public Record and Must Be Released

[…] controversies about the police use of force have heightened tensions between the police and the communities they serve. Transparency—the ability of the people to see and know what their government is up to—is essential to the proper functioning of our democracy, including the role police play in it. Bodycam footage is essential to the fundamental right […]
- Government Transparency and Accountability
- Public Records
June 8, 2017
Asked and Answered

CPRA Police Records

Accessing Police Reports on Investigations

[…] Act ("CPRA"). Under the CPRA, records in the possession of public entities are presumed to be public unless one of the Act's enumerated exceptions to disclosure applies. Government Code section 6254(f) sets forth the so-called "law enforcement" exemption, which allows law enforcement agencies (such as a city police department) to withhold, among other things, […]

June 14, 2009
Asked and Answered

Brown Act First Amendment

Can ID Be Required to Make Public Comment?

[…] assign next to the public-comment podium that says "Please state your name."I think it might even ask for address. I believe it is in violation of the Brown Act to require people to say their names. It is important in this community that people not have to state their name as an unfortunate individual […]

June 10, 2010
Asked and Answered

Brown Act

Board Voting While Board Member Out of the Room

[…] the board member who had left the room. This occurred on about 4 items. When the board member returned she noticed the votes but said nothing. Is this not a violation of the Brown Act? If so, would you please direct me to the proper place in the act so I may read about it?

June 14, 2009
Asked and Answered

CPRA Police Records

Accessing Police Reports

[…] and turned in a subpoena and turns out it was the wrong one. The office told me to either send a letter to invoke the Public Records Act or have a Subpoena Duces Tucem but I would also need to have a Notice to Consumer. Finally my question, would I get the information I […]

June 14, 2009
Asked and Answered

Brown Act

Notices of City’s Closed Session Real Estate Negotiations Provide Only Generic Information

[…] for enforcement, can be found at the First Amendment Coalition’s website here. Bryan Cave Leighton Paisner 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.

April 21, 2022
Asked and Answered

Brown Act

Meeting minutes reveal personal ID information

[…] silent on whether a public agency may require speakers to state their name before or during public comment.See Gov't Code § 54954.3 (public testimony at regular meetings). Government Code section 54953.3 states that a member of the public cannot be required to register his or her name as a condition of attendance at a […]

August 6, 2011
Asked and Answered

CPRA

How does the CPRA deal with emails between elected officials

Can email sent by a California Special District elected official to other directors or the district office concerning district business be subject to examination using the Public Records Act? Would it make a difference if he used his personal computer to send an email to another elected official?

August 21, 2010
Asked and Answered

CPRA

Must I pay for copying in advance?

[…] story of a state agency requiring hundreds of dollars as an up front deposit, before the agency looks for the documents or knows the scope of what must be copied. This money is then applied to whatever the photocopying balance is, and then any extra is presumably refunded. This sort of policy disproportionately impacts […]

June 14, 2009