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Asked and Answered

Brown Act

Rules for noticing city council study session

[…] referred to as a workshop and there was no record of the meeting kept. Study sessions have audios and council meetings are televised. Additionally, there is a pdf that lists the "consensus" of the council regarding chartering our general law city. My question is, can a city post one meeting and then switch to […]

April 16, 2013
Asked and Answered

Newsgathering

Can police videotape me in my home without consent?

[…] desires it to be confined to the parties thereto, but excludes a communication made in a public gathering or in any legislative, judicial, executive or administrative proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded. […]

December 2, 2011
Asked and Answered

Newsgathering

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

[…] desires it to be confined to the parties thereto, but excludes a communication made in a public gathering or in any legislative, judicial, executive or administrative proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded. […]

October 26, 2011
Asked and Answered

Brown Act First Amendment

Can ID Be Required to Make Public Comment?

At City Council and Planning Commission meetings they have 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 […]

June 10, 2010
Asked and Answered

Brown Act

School board keeping exorbitant attorney fees in closed session

[…] on advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the local agency in the litigation. For purposes of this chapter, all expressions of the lawyer-client privilege […]

November 29, 2011
Asked and Answered

CPRA

City study taken off website after one day

[…] business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics," Govt. Code section 6252(e) -- are presumed to be open to the public and must be disclosed unless a specific provision of the PRA or other law exempts them from disclosure. There is, however, a provision […]

March 23, 2010
Asked and Answered

First Amendment

Can ballot arguments be selected based on political content?

[…] the elections official acknowledged that he and the elected Clerk Recorder discussed their political views regarding the ballot measure, during their selection deliberations;2) The county has a compelling interest in the success of the ballot measure in question. If it fails, the county will be compelled to find $300M to meet a commitment. The […]

November 10, 2016
Asked and Answered

CPRA School Records

Public Records Act Request Denied Due to Inability to Redact “Deliberative Material”

In response to public comment that I made before the school board, the school district's Charter School Division sent an email to a charter school asking for data so that they could report back to the Board. I sent a Public Records Act request to the District asking for a copy of the report […]

February 20, 2018
Asked and Answered

Bagley-Keene Act Brown Act

What is the Brown Act statute of limitations?

[…] regarding the violation be made within 90 days from the date the action was taken. The only exception cited is if the action was taken in an open session but in violation of Section 54954.2 (failure to provide notice of the action on the agenda), in which case the demand must be made within […]

February 3, 2012
Asked and Answered

CPRA

Fire Department Mishandled Response to CPRA Request

[…] Code section 6253(c) requires agencies only to inform the requester within 10 days of the existence of records and that copies need only be provided "promptly." Many open records advocates maintain that the law requires that the copies themselves be provided within 10 days. I am not aware of any published court decision that […]

January 26, 2018