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Showing results for government bodies must comply brown act 54951 act90 54951 act 54951 act90 54951 54951 54951

Asked and Answered

First Amendment

Posting in City Sponsored Spaces

[…] is any requirement that these tax supported facilities be available to all? Our city regulates the contents of posting but the only requirement written down is "it must be of general community interest". Who decides is not specified and what are the criteria is not specified. In essence this excludes any opinion critical of […]

June 14, 2009
Asked and Answered

City says building plans can be viewed but not copied

[…] legislative history of § 19851 is not readily available, that statute might be read as formalizing a procedure to avoid incurring copyright liability to the extent the government has mandated that architects' works be deposited with a government agency. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to First […]

September 19, 2012
Asked and Answered

Brown Act

Agenda item questions

[…] items labeled "discussion" be voted upon as action items? Does "other administrative items," and "other administrative items, including delegation of tasks" adequately describe taking action on appointing an already appointed established committee as a subcommittee to this group? What is a definition of a "brief description" of an item as required by the Brown Act?

June 14, 2009
Asked and Answered

CPRA

Double standard on publishing names of document requesters

[…] in this chapter. Cal. Gov't Code § 6253 (West) Holme Roberts & Owen 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. Lawyer request form

January 4, 2011
Asked and Answered

CPRA

Labor Commission Records

[…] Labor. Before the hearing I requested in writing numerous times copies of the file. I was told after the 3rd letter to file a California Public Records Act 'claim'. I did that and have followed up 6 times over a 2 month time period. It is my understanding that records under the Labor Commission […]

June 14, 2009
Asked and Answered

CPRA

Is There A ‘Duty of Good Faith’ For Agencies Timely Response to CPRA Requests?

[…] dragging its feet, you might want to remind it of its statutory obligation to, among other things, respond to requests within the time limits set forth in Government Code§6253(c); refrain from "obstructing] the inspection or copying of public records" (Gov’t Code§6253(d)); and "assist the member of the public make a focused and effective request […]

December 5, 2018
Asked and Answered

First Amendment Newsgathering Police Records

How much detail about the incident, offense, or arrest is the public entitled to under the law?

[…] names and their general descriptive information, arrest dates, charges, dates of birth, arrest locations, and arrests times. On FAC's website I read that a law enforcement agency must provide the "substance" of all complaints or requests for assistance and the "nature of the response thereto." When an arrest occurs a law enforcement agency must […]

May 25, 2018
Asked and Answered

CPRA

CPR request denied because it wasn’t submitted on letterhead

[…] on letterhead is not a valid reason for the agency to deny your request. 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.

February 12, 2017
Latest News

Blog Cases

Equal Justice Society Criticizes CFAC Suit against State Bar for records on affirmative action.

[…] Privacy Act (FERPA) governs the privacy and disclosure of educational records. Under FERPA, anonymized educational records are routinely made public, by education institutions and by the federal government itself. Every case we have found addressing a request such as that made by CFAC held that disclosure was required, and does not violate FERPA. Notably, […]
- Government Transparency and Accountability
- Public Records
June 3, 2009
Latest News

FAC News Press Release

First Amendment Attorney Duffy Carolan Elected President of FAC Board of Directors

[…] Directors. Carolan, a former journalist who has spent her career defending the First Amendment, is one of the country’s foremost champions of free speech and access to government information. As a partner at the Jassy, Vick, Carolan firm in San Francisco, Carolan represents a wide range of media in defamation, prior restraint, copyright, and […]

January 15, 2018