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  • Asked and Answered

    CPRA

    CPRA Request being stonewalled by their attorney

    […] district with the governing board elected by the populace. It is a 5 member board. There are no term limits and several board members have run unopposed for many years. This Board is supposed to provide oversight over the actions of the Fire Chief. Recently members of the community have become aware of what […]

    June 12, 2013

  • Latest News

    Press Release

    Court Finds Former San Jose Mayor Sam Liccardo and City Violated Public Records Act

    Liccardo’s Search for Official Business in Personal Text Messages and Email Account Found Deficient FOR IMMEDIATE RELEASE August 30, 2023 Contact: fac@firstamendmentcoalition.org San Jose – The City of San Jose and its former Mayor Sam Liccardo violated the California Public Records Act by failing to adequately search through Liccardo’s personal emails and texts, a court ruled Tuesday […]

    August 30, 2023

  • Asked and Answered

    CPRA

    The CPRA and State Employees

    […] state employment somehow precluded me from the PRA.   I have now read GC 6252(g) which makes it appear this is accurate, but GC 6252.5 muddies the water for me. Our Chief indicates in the quote above that she was "advised" that the PRA does not apply to state employees.  I am certain that advice […]

    June 14, 2009

  • Asked and Answered

    Brown Act School Records

    State Agency I worked for is denying my records’ request, but documents do exist!

    I used to work for the State of California. I lost my job and I am trying to get information on a program administered by my employer. This program is funded by the Federal government. I am being met with resistance because the Public Request officer is simply forwarding my request to my former […]

    September 13, 2013

  • Asked and Answered

    CPRA

    Must I pay for copying in advance?

    I recently received a reply to a public records request. I am concerned by a line in the letter that requires advance payment for copies of public records. This is fully reasonable if the agency tells the requestor the amount owed, and requires payment, before the documents are photocopied. However, I just heard a […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Public Comment on Public Contracts

    As I understand your question, you are wondering what is the reasonable time period that a city must allow for public comment on the winning bid for a public contract before the city makes the actual award of the contract.  Unfortunately, the California Supreme Court case cited by the city, Michaelis, Montanari & Johnson […]

    June 14, 2009

  • 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

    The author of requested emails assigned to fulfill PRA request

    I requested information regarding communications of someone who works directly for our County and also is on our City Council. The County Administrator gave her the PRA request and is allowing her to fulfill it herself. Is this legal? I requested emails to a certain person from her.

    August 5, 2011

  • Latest News

    FAC News Press Release

    ProPublica Staffers Win 2018 FAC Award for “Trump Town” Investigative Series

    The First Amendment Coalition is proud to announce the recipient of its 2018 Free Speech & Open Government Award is the nonprofit newsroom ProPublica, selected for its extensive use of public records to increase transparency around political appointees at the highest levels of government. This year’s award goes to ProPublica staffers Derek Kravitz, Al […]

    November 28, 2018