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Asked and Answered

Brown Act

When are closed sessions legitimized under the Brown Act?

[…] there has to be something concrete upon which to base a decision to hold the discussion behind closed doors--not merely some remote possibility of litigation. If, for example, the union has stated that it will bring a lawsuit should the school take certain actions with respect to this issue, then it may be that […]

March 29, 2016
Asked and Answered

Can A Public Record Be Copyrighted?

[…] Copyright Law. Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use constitutes fair use […]

April 4, 2018
Asked and Answered

CPRA

Was My Public Records Request Denial As “Unduly Burdensome” Justified?

[…] unduly burdensome. Responsive documents will likely include records that are exempt from disclosure, such as records that reveal the privileged and confidential deliberative process and attorney-client privileged communications, as well as other confidential communications. It would be necessary to review each and every document to determine whether disclosure is prohibited by specific laws or […]

February 15, 2018
Asked and Answered

Brown Act School Records

My statement was inaccurately depicted in published minutes

[…] laws that would require the board to take any action. 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.

December 6, 2010
Asked and Answered

CPRA

How to access Health & Safety building layout plans

I need copies of site plans and store layout plans for evidence in a Planning Commission Appeal. I am aware of Health & Safety Code Section 19851 requiring permission from an architect. However, how does the Records Act affect 19851. Is my assumption that the City needs to disclose emails on specific subjects correct?

August 17, 2011
Asked and Answered

CPRA

Can I be charged for postage for CPRA requested documents?

[…] claiming such costs are part of the "duplication" costs, since this would be similar to the costs that an agency could recover for, e.g., scanning and uploading the PDFs (similar to copy charges). Alternatively, the agency may be claiming that the charge is permissible as a "statutory fee" if the County has a local rule that is […]

September 13, 2016
Asked and Answered

CPRA

Can I access a deceased relative’s employment records?

[…] the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics," are presumed to be open to the public. Gov't Code § 6252(e). Public records must be disclosed unless a specific provision of the Act or other law exempts them from disclosure. […]

September 12, 2014
Asked and Answered

CPRA

Who Bears the Cost of Previously Public Documents Now Held By A Third Party?

[…] to this chapter." 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. No attorney-client relationship has been formed by way of this response.

February 14, 2018
Asked and Answered

First Amendment

Where can we legally hold a protest?

[…] and sidewalk-writing issues is probably a good place to start. 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.

December 20, 2011
Asked and Answered

CPRA

City Hall withholding excessive water users’ ID info

I cover city council meetings for a weekly newspaper in Northern California. City Hall will not release names or addresses for those exceeding city water rationing requirements. The city is in a declared water emergency. I can get a list of high users identified as residential or business water users like motels or restaurants, […]

July 14, 2014