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  • Asked and Answered

    Newsgathering

    Publishing leaked email

    […] legal disclaimer at the bottom of the email mean anything? It says basically that the email is intended only for the recipient and cannot be used for any other reason. My first impression is that the letter is inherently public because it's been sent to so many people. Do these common disclaimers hold any water?

    June 14, 2009

  • Asked and Answered

    CPRA

    Public Officialsโ€™ Personal Email

    […] conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics," Govt. Code Section 6252(e)), are open to the public unless a specific provision of the PRA or other law exempts them from disclosure.ย  Although purely personal emails may be exempt under the […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Public notice and disclosure of existing litigation

    […] district has a closed agenda item with the following sentence. Is this allowed?A) EXISTING LITIGATION(Subdivision (a) of Section 54956.9)Pursuant to Government Code Section 54956.9(a) the Board will confer with legal counsel concerning existing litigation; disclosure of the case name might jeopardize current settlement negotiations.How can the public comment on a case without knowing the case?

    June 14, 2009

  • Asked and Answered

    Brown Act First Amendment

    Public Comment at meetings, Campaigning, and Freedom of Speech

    May a legislative body prevent members of the public speaking during the public comments agenda item from blatantly campaigning for or against a candidate for that body?ย  I believe that that type of discussion is "not a matter subject to the body's jurisdiction."ย  I also believe that such comments at such a meeting are […]

    June 14, 2009

  • Asked and Answered

    Brown Act CPRA

    Open Meeting Rules for Chamber of Commerce/ Non-Profits

    Our chamber of commerce receives funding from the city offset costs associated with operating a visitors center in conjunction with the chamber office. Is the chamber subject to the same rules for request for information that the city is required to adhere to? Are there any commonly accepted procedures for holding elections for the […]

    June 14, 2009

  • Asked and Answered

    First Amendment

    On-line Web journals

    I have been served with a restraining order in my county for comments that I posted to a website. The plaintiff's justification is that I have engaged in a course of action against her. Nowhere in the posts is her name mentioned specifically, I make no plans to do her physical harm, but make […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Obtaining Legal Records of a Public Agency

    […] argument, "Where the narrative descriptions in billing statements provide only general descriptions of the nature of the services performed and do not reveal the subject of confidential communications with any specificity, they are not privileged." The federal courts in California and many other courts have taken the same position.ย  See, e.g., Clarke v. American […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Objecting to agenda item during meetings

    Our Board of Supervisors is playing fast and loose with the Brown act, specifically adding items to the agenda that don't even come close to meeting the requirements of the Brown Act. ย Question: Can I object to an item being heard ? If yes, how do I object? If no, what do I do?

    June 14, 2009

  • Asked and Answered

    Bagley-Keene Act Brown Act

    Non-profit committee receiving state and private grants subject to Brown Act?

    […] disability activist parent on a non-profit committee sponsored by the public schools, receiving state grants and private grants. I feel the meetings, which we advertise in the newspapers, should be open to journalists and that our budget info is public information. Others on the board want to keep things hush-hush. Do we have a […]

    June 14, 2009