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  • Asked and Answered

    Brown Act

    A City Council’s COVID-19 Ordinance Allows Only email or Pre-Recorded Telephonic Comments

    […] Cal. July 14, 2020), the petitioners argued that the Planning Commission and City Council impermissibly restricted public participation during public meetings because "the City capped videoconference attendance for the City Council meeting at 100 participants even though the Zoom platform permits up to 1,000 attendees and between 200–300 members of the public had attended […]

    January 20, 2021

  • Asked and Answered

    Newsgathering

    What Are the Rights and Restrictions of Photo-Journalists Covering Wildfires?

    […] engulfed home are requesting I take down the photos. I tried to talk through this with them, but they are understandably upset and seeking someone to blame for their pain. Because I have no budget for legal help, I took down any photo/videos that were taken from that property but not any that were […]

    November 13, 2018

  • Asked and Answered

    CPRA

    Denied Access to City Attorney Fees in Police Officer Assault Case

    I recently submitted a PRA request to our city attorney’s office regarding the legal defense of a city police officer. He is facing trial for assaulting a suspect. I simply inquired if he was paying his own defense or if the city was footing the bill. Their response was that 1) My request was […]

    May 9, 2019

  • Asked and Answered

    CPRA

    How does one deal with CPRA Request Response Denying the Records As ‘Privileged’?

    […] and do not have to be disclosed. Evidence Code §§ 954-955. However, not everything that passes an attorney’s desk is covered by this privilege. Rather, "[i]n order for a communication to be privileged, it must be made for the purpose of the legal consultation, rather than some unrelated or ancillary purpose." Los Angeles Cty. […]

    May 13, 2019

  • Asked and Answered

    First Amendment

    Do Volunteers Working with CA Prisoners Have the Right to Publish Stories About The Experience?

    […] understand these restrictions. However, the CDCR is known to be notoriously protective about publicity/research, and many colleagues have informally advised that official approval will likely not be forthcoming, especially since the class being conducted has a subversive and anti-establishmentarian nature with respect to the prison system. What are the First Amendment rights of a […]

    November 9, 2018

  • Asked and Answered

    CPRA Police Records

    I Called Police About My Loud Neighbors Gathering During COVID. Were These Redactions Lawful?

    […] days later, as the victim of the incident (I live in the neighborhood and was being disturbed by the illegal noise), I emailed a CPRA request asking for a copy of the relevant CAD Call Report. I got back that call report, which did not contain any "analysis or conclusions of the investigating officer." […]

    January 20, 2021

  • Asked and Answered

    Brown Act

    Is there a Posting Date Requirement for Minutes of Public Agency Meetings?

    Is there a legal requirement that a Community College in California post Minutes for their Board, Special and Committee Meetings within a certain timeframe? They are not doing so by the next meeting and sometimes do not do so for many many months or at all. This is an ongoing issue.

    January 20, 2021

  • Asked and Answered

    CPRA School Records

    Many Colleges Denying My CPRA Request for Title IX Report

    […] using FERPA, which the US DoE said does not apply to investigation reports in a Dear Colleague letter. Other schools are charging absurd amounts of money ($800-$2500) for the documents. Others are citing attorney client privilege and other aspects of the CPRA act. Every University of California campus has complied with my request. I'm […]

    November 7, 2018

  • Asked and Answered

    Police Records

    Police Department in New Jersey Won’t Release Report on a Family Member’s Death

    New Jersey’s Open Public Records Act provides that "government records shall be readily accessible for inspection, copying, or examination by the citizens of this State, with certain exceptions, for the protection of the public interest, and any limitations on the right of access … shall be construed in favor of the public’s right of […]

    August 22, 2020