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  • Asked and Answered

    Brown Act CPRA First Amendment

    City gone wild with continual Brown Act and CPRA violations

    […] city councilman over his asking questions about contract steering by the city finance director. Multiple PRA public document requests by our newspaper have been denied – some for three years. The city police chief is in on the deals. Crimes in city hall go unreported and no one is held accountable. We believe the […]

    May 16, 2012

  • Asked and Answered

    Brown Act

    School Board Meetings without Notice

    […] meeting, investigation conducted by a factfinder or arbitrator. (d) An Executive session of the public school employer or between the public school employer and its designated representative for the purpose of discussing its position regarding any matter within the scope of representation and instructing its designated representatives. To The extent the meetings you describe […]

    March 18, 2010

  • Asked and Answered

    CPRA

    Are public records requests public records?

    […] agency has any written public records requests in its possession, these requests would themselves be subject to the 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 […]

    September 9, 2014

  • Asked and Answered

    Brown Act

    Council took action on a for-discussion-only agenda item

    A recent city council meeting agenda  discussion item stated that "No action was called for." The "summary recommendation" was  that the city council "receive and file this report. "  However, without any public notice, the City Council took action.  I know the Brown Act requires items on which Council acts to be on the […]

    December 6, 2010

  • Asked and Answered

    CPRA

    Using CPRA to learn rules governing Resort Improvement District #1

    […] an agency is required to compile and extract information maintained in an electronic database. See Govt. Code section 6253.9. Note, however, that if computer programming is required for the compilation or extraction of data, the costs of programming can be passed on to the requester. At the following link You can find a sample […]

    July 22, 2013

  • Asked and Answered

    First Amendment

    Can ballot arguments be selected based on political content?

    […] regarding a county measure, both from bona fide organizations. The elections official decided to evaluate the "quality" of the two arguments, as a means of selecting one for publication. He did not consider flipping a coin or random drawing. He had no decision matrix or identified factors used in making his "evaluation." He decided […]

    November 10, 2016

  • Asked and Answered

    CPRA

    How to requests public documents from San Francisco Airport

    […] having a really hard time understanding how to send a freedom of information act requests to the San Francisco Airport. A web search gave me nothing, except for something about a "Sunshine Ordinance" though I can see that California has a Freedom of Information law in place. Can you help me understand how freedom […]

    May 11, 2018

  • Asked and Answered

    CPRA

    Appeal of Superior Court Denial of Writ of Mandate Under Public Records Act

      I am litigating a public records act petition for writ of mandate in Superior Court. The tentative initially went in my favor, but after oral argument, the court reversed its position and denied my petition outright. I am considering an appeal. Are appeals of petitions for writ of mandate under the PRA discretionary, […]

    April 10, 2018

  • Asked and Answered

    CPRA

    Request for sheriff’s homeless policy leads to trouble

    […] by the County Sheriff in conjunction with numerous other county agencies. The Sheriff's Department responded that they had "been unable to locate responsive documents and as such cannot comply therewith." In addition, the sheriff's department then engaged in retaliatory intimidation, sending a deputy to question the person whose name appears on the request for information.

    March 30, 2010