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  • Asked and Answered

    Brown Act

    Recording Meetings without Informing/Consent

    You recently stated in response to a question that there was no law against an attendee taping a homeowner association meeting without permission.  My question is:  can they do it without informing the Board of Directors or other attendees?

    June 14, 2009

  • Asked and Answered

    CPRA

    Is gender of foster care staff public information?

    We are investigating sexual abuse in a foster care shelter. We requested the gender for two staff members because they have ambiguous names. The county asserted that Section 6254(c), the personnel records exceptions applies. Staffing decisions at the facility are made based on gender (male staff members are not supposed to oversee female resident's baths), […]

    August 13, 2014

  • Asked and Answered

    Brown Act

    Is a Coordinating Committee exempt from the Brown Act?

    The elected Community Advisory Group, created under the Planning Department of my County, convenes a coordinating sub-committee to review the Advisory Group's standing rules. The Coordinating Committee chairman does not follow Brown Act obligations (e.g. requirements for notice, agenda, etc.) because he maintains that the Committee is Ad Hoc. Is the Coordinating Committee […]

    April 19, 2016

  • Asked and Answered

    Brown Act

    When can a public Board claim attorney-client privilege?

    Our municipal board, of which I am a member, recently convened a closed session meeting that was not listed as an item on the published agenda. The purpose of the meeting, which included  a city attorney, was for several board members wanted to present their case against me as a Brown Act violator.  I […]

    March 25, 2013

  • Asked and Answered

    Brown Act CPRA

    Are Power Point Presentations to Board of Healthcare District Public Records?

    I recently attended a board meeting of the Grossmont Healthcare District. A staff person from the Sharp Grossmont Hospital gave a 15 min. update/report on several topics hospital (e.g., new employee and medical staff satisfaction surveys/results–and patient satisfaction regarding emergency dept. and inpatient services on different floors of hospital. At the end of the […]

    February 22, 2018

  • Asked and Answered

    CPRA

    School district denying access to public records

    I have requested documents from a school district. The initial request was denied because the documents contain information concerning "pupil education records." I responded that the information should be redacted but they still need to provide the redacted documents. The district Public Information Officer (PIO) replied with the same exact response, claiming the document […]

    May 2, 2016

  • Asked and Answered

    CPRA

    Coastal Permit access under PRA

    […] Act, including a sample request letter, at the First Amendment Coalition website: Public Records Act 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.

    April 29, 2016

  • Asked and Answered

    First Amendment

    Does the First Amendment Protect Against Censorship Public Access TV?

    […] "take the knee" issue in football because they said it’s political, and that they are refusing to air any political content, even though this is a topic covered in the major media. They are also trying to suspend the hosts because the former cohost is friend of theirs, and he quit the show when […]

    February 13, 2018

  • Asked and Answered

    Newsgathering

    Publishing leaked email

    I have an email from a hospital system CEO sent to roughly 7,000 employees, actually every employee of the hospitals. We want to print aspects of the letter in which he bad-mouths a union. Question: Does the legal disclaimer at the bottom of the email mean anything? It says basically that the email is […]

    June 14, 2009