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Asked and Answered

CPRA

CFAC v. Santa Clara County and Critical Infrastructure Information

[…] County's response is due April 30, and under the California Rules of Court, amicus briefs would be due 14 days thereafter, on May 14. Both parties have requested oral argument, but the Court has not yet set a date for argument. After oral argument, the court will have 90 days to file its written opinion.

June 14, 2009
Asked and Answered

CPRA

The CPRA and privately owned utilities companies

[…] agency." A "state agency" is defined as "every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution."Cal. Gov. Code § 6252(f).It would not seem that the Water Company fits […]

August 7, 2011
Asked and Answered

CPRA

Can I access data on corporations audited by the state?

As far as I am aware, there is no exemption to the Public Records Act that specifically addresses the disclosability of records that reveal the identity of corporations that have been audited and the time period covered by the audit. However, for a definitive opinion that would consider all aspects of the state Taxation […]

July 15, 2013
Asked and Answered

Brown Act

Charter board meetings flout Brown Act rules

Addressing your questions in turn: First, with respect to noticing public meetings under the Brown Act, the Act provides that the agenda for any regular public meeting governed by the Act must be posted at least 72 hours before the legislative body's meeting, and should contain a "brief general description of each item of […]

June 8, 2011
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