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Asked and Answered

CPRA

Using Public Records Act to find a school executives’ salaries

[…] may choose to not make public. Among these exceptions is the one for "personnel files" found in Govt. Code section 6254(c). Records in the personnel files of governmental employees may be withheld if the disclosure of the record would constitute an "unwarranted invasion of personal privacy." To determine whether an invasion of privacy will […]

July 19, 2012
Asked and Answered

CPRA

No oversight when councilmembers compile emails in response to record requests

[…] Manager's office presumably has access to the Council member's electronics documents, through the City's servers. This process strikes me as a violation of the spirit of the Brown act, because it does nothing to prevent the Council member from destroying or failing to supply records, or to assist the public in discovering when this […]

November 8, 2013
Asked and Answered

CPRA

City finds many ways to deny CPRA requests for emails

[…] (specifically email) outside the 30-day window even though that email still exists on city servers and are not deleted. Is this permissible under the California Public Records Act? Also we believe but cannot prove that the city manager is playing a role in determining which email we can see or not see with the […]

May 31, 2013
Asked and Answered

Brown Act

We’ve requested items added to agenda and been denied. Can they do that?

[…] what kind of internal guidelines the CSD may have adopted. Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition 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.

August 28, 2010
Latest News

Blog

Snowden, go home

[…] him. By postponing this reckoning, he adds to skepticism about his motives. More important, he diminishes his legitimacy as a whistleblower who broke the law to expose government overreaching, change official policy, and vindicate principles of government transparency and individual privacy. Snowden has portrayed his accessing, copying and distribution (to selected journalists) of NSA […]
- Government Transparency and Accountability
July 14, 2014
Posts

More than 100 Organizations and Media Companies Call on Congress to Pass the PRESS Act

[…] identifying confidential sources as well as records, communications content, documents, or information that the journalist obtained or created as part of their journalism. The bill also bars government demands for that data to third parties like phone or email providers unless a court finds a reasonable threat of imminent violence absent disclosure. And it […]
- Press Freedom
October 10, 2024
Asked and Answered

Newsgathering

Can police videotape me in my home without consent?

[…] (a) (full text below). The term "person" in the statute is defined to include "an individual acting or purporting to act for or on behalf of any government or subdivision thereof," which would seem to include law enforcement personnel. Penal Code § 632 (b). Note, however, that there are a number of carve-outs related […]

December 2, 2011
Latest News

Cases Press Release

FAC Attorneys Awarded $100k for Public Records Win

[…] and that the lawyers who so capably represented FAC’s—and the public’s—interest will be compensated for bringing to light records about misconduct at the highest level of city government." FAC was represented in the litigation by James Chadwick and Julie Bauman of the Sheppard Mullin law firm. Under the California Public Records Act, when government […]
- Public Records
October 23, 2018
Asked and Answered

Newsgathering

Can police use hidden cameras to videotape the public without consent?

[…] (full text below in italics).The term "person" in the statute is defined to include "an individual acting or purporting to act for or on behalf of any government or subdivision thereof," which would seem to include law enforcement personnel.Penal Code § 632 (b). Note, however, that there are a number of carve-outs related to […]

October 26, 2011
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