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First Amendment Press Rights

FAC news: Prop 42 victory, amicus briefs on the Wrap, NCAA, fee waivers & more

June has been a busy month for FAC, both legislatively and judicially. Most gratifying: California voters on June 4 approved, by a comfortable 61 percent margin, Prop 42, which amends the state constitution to fortify state open meetings and FOI laws. FAC supported and sponsored Prop 42 to end funding disputes between local governments […]
June 17, 2014
Asked and Answered

CPRA

Can fees be charged for existing electronic/digital records?

The County's Public Safety Group sent me an invoice in regards to my PRA request for copies of their three existing contracts with Cal Fire. These records already exist in an electronic/ digital format. There is no reason to charge me a fee for them to be delivered to me via email. They just […]

August 30, 2016
Asked and Answered

Brown Act

Workshops v. Special Meetings

[…] in less then 72 hours which was labeled board special meeting/workshop. It was just a workshop called to discuss how to deal with the media. I asked for our attorneys opinion in this, and they felt that since we posted the agenda 24 hours in advance of the meeting it was ok, and no […]

June 14, 2009
Asked and Answered

First Amendment Newsgathering

The DA gives information to other media, but refuses to make it available to our newspaper

[…] Attorney. This news led to his assistant's departure. Now, the DA refuses to provide public information on court cases that we can only get (and have gotten for 35 years) over the phone. I believe there is a statute somewhere that requires government officials to provide news to outlets on a non-discriminatory basis. The […]

August 20, 2010
Asked and Answered

Brown Act

Is it a Brown Act violation to move item from closed to open session?

[…] when councilmembers voted 5-0 to move a closed-session item, described only with the name of an individual to the Regular Agenda. Can you tell me if it was proper for the City Council to move a closed-session item to the Regular Agenda during the Open Meeting without proper notice that it would be discussed in open […]

March 13, 2014
Asked and Answered

Brown Act

Brown Act Requirements and Prohibitions in Relation to Community College Governments

[…] Recently, the student designated to post the notice of our student senate (our legislative body) meeting failed, because of illness, to post it by 3 p.m. Sunday for a meeting the following Wednesday at 3 p.m., though all members and advisors received e-mail copies on time. The agenda was late-posted by 9 a.m. on […]

June 14, 2009
Asked and Answered

CPRA

Can I access teacher absentee rates at public school?

[…] can find out the rate of teacher absenteeism at my school. This information seems to be difficult to find, and yet absenteeism has been a big issue for my daughter's education. She has been taught by substitute after substitute. Please advise as to what the source of this information might be, so that I […]

March 18, 2010
Asked and Answered

CPRA

Can CA Alcoholic Beverage Control withhold documents?

I have tried for over a year to get certain documents from the California Alcoholic Beverage Control (ABC) to no avail. I have a lot of backstory and email exchanges. I also have a lot of experience through activism and advocacy regarding their policies and am asking relatively clear questions and requesting data I […]

September 15, 2014
Posts

CFAC sponsors bill to prevent agencies from using anti-SLAPP law to deter citizens' open-gov suits

[…] these claims is not addressed, few will have the courage to pursue claims under California’s open government laws, and noncompliance will become even more ubiquitous. Indeed, it puts a punitive weapon in the hands of public agency members using public taxes for which they are not truly held accountable to pursue their vengeance. " -PS
June 2, 2009
Asked and Answered

First Amendment Newsgathering

City Won’t Add Us to E-mail List

[…] addition, differences in the manner in which the information is provided may also be unconstitutional. Unconstitutional discriminatory treatment of the media can arise in many other situations. For example, courts have found violations of the First Amendment and the Equal Protection clause where a mayor excluded a particular reporter from press conferences to which […]

February 8, 2018