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Asked and Answered

CPRA

Can my access to public records be limited to “by appt. only”?

[…] you in writing, and give any reasons why it has denied your request. Bryan Cave LLP is general counsel for the First Amendment Coalition (FAC) 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.

August 26, 2016
Asked and Answered

CPRA

Did Prop. 42 eliminate fees for public records?

[…] Prop. 42 is that it eliminates any reimbursement from the state to local agencies for compliance with the Public Records Act, but strengthens the mandate requiring local governments to comply with the Act. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these […]

October 12, 2014
Asked and Answered

First Amendment

Regulating teacher speech

Government regulation of employee speech does implicate First Amendment issues and is sometimes unconstitutional. The question usually boils down to the "'balance between the interests of the , as a citizen, in commenting upon matters of public concern and the interest of the State, as an employer, in promoting the efficiency of the […]

June 14, 2009
Latest News

Advocacy Blog

San José releases trove of mayor’s emails in FAC public records case

[…] in the San José Spotlight Giwargis: Why we sued to get emails"The usage of private email to conduct public business makes it difficult for reporters—and residents—to know what documents exist and to hold their government officials accountable for releasing those records," saysRamona Giwargis, San José Spotlight co-founder and CEO. Read the Q&A in California Local
- Government Transparency and Accountability
- Public Records
October 17, 2022
Asked and Answered

CPRA Police Records

Police Call and Arrest Logs

[…] City website keeps the call logs on the City website for 7 days, and they fall off, does that mean they are no longer accessible? How long must these records be provided for? One of the contentions was that if it fell off the website after the week that it appears there by convention, […]

June 14, 2009
Asked and Answered

Brown Act

Circumstances for closed meetings

Meetings of any "legislative body" of a "local agency" as those terms are defined in California Government Code sections 54592 and 549451, respectively, may hold closed sessions for the following reasons: —To discuss and decide whether an applicant for a license or license renewal who has a criminal record is sufficiently rehabilitated to obtain […]

June 14, 2009
Posts

FAC Urges UC Berkeley to Comply with Records Request Regarding Human Remains Found on Campus

FAC has called on the University of California, Berkeley, to comply with the California Public Records Act (CPRA) and respond to a CPRA request by Berkeley Scanner journalist Emilie Raguso. Raguso seeks emails to and from Tom Mucha, a Cal employee, regarding the skeleton found in an unoccupied building on campus in January 2023. […]
- Government Transparency and Accountability
- Public Records
March 13, 2024
Asked and Answered

CPRA Police Records

Police claims officer ‘use of force’ reports personnel not public issue

[…] agency should release the records in a redacted form.Gov't Code § 6253(a). 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.

July 8, 2011
Asked and Answered

CPRA

County Bids and Contracts, Public Record

I bid on a copier RFP for the County Court and lost the bid. I would like to know if I can request a copy of the bid and the contract and will they have to give it to me. I thought under the public record act they would have to.

June 14, 2009
Asked and Answered

CPRA

Emails as public records

E-mails are "public records" as defined by the California Public Records Act. Government Code section 6252(e) defines "public records" as follows:"Public records" includes any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. "Public records" […]

June 14, 2009