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Asked and Answered

Court Records

Access to case exhibit

I have a case in the Court of Appeal. My attorney needed a copy from the case file. I went to court and asked for a copy of exhibit 3. The clerk denied my request. I told my attorney this and he sent a local to obtain exhibit 3. She too was denied access […]

June 14, 2009
Asked and Answered

CPRA

Written correspondence to and from officials as public record

[…] policy requiring council members to make public all written correspondence including email rec'd from private citizens regardless of its content, citing the Brown Act and the desire for a more "transparent" city gov't. A number of citizens believe that this is a violation of their 1st Amend & privacy rights and is just an […]

June 14, 2009
Asked and Answered

CPRA

Private attorney costs to public agencies and attorney-client privilege

[…] not disclose the amount of the retainer agreement. See Cal. Government Code section 54957.5(a) (records provided to a Board of Supervisors or other legislative body in preparation for a public meeting are public records that must be available to the public under the California Public Records Act); Cal. Government Code section 6253(a) (if an […]

June 14, 2009
Asked and Answered

Brown Act

Can the City Council ban non-disruptive clapping by audience members?

[…] couple of years have spoken in opposition to City Council policy and actions. I believe the implementation of the policy by the City Council is in violation of the First Amendment. The interpretation is not balanced and allows for clapping for certain events which the City Council supports. Can you suggest a course of action?

April 14, 2015
Asked and Answered

CPRA

Withholding “Requests for Proposals” from the public

A law enforcement commission released an RFP (Request for Proposals) some months ago. Two vendors responded but omitted required DVBE (Disabled Veteran Business Enterprise participation so their proposals were not reviewed. The commission canceled the solicitation and has now put up a new one. Their response as to why they cannot show the old […]

June 5, 2010
Asked and Answered

How much can I spend advertising against a ballot measure?

[…] a loan by a third party, or an enforceable promise to make a payment, unless it is clear from the surrounding circumstances that it is not made for political purposes." Gov't Code § 82025. "A payment is made for 'political purposes' IF IT IS: 'For the purpose of influencing or attempting to influence the […]

July 7, 2010
Asked and Answered

Court Records

Struggling To Access Court Records in Sacramento Divorce Proceedings

[…] you might be able to find pro bono assistance through one of these legal service programs in Sacramento County:http://www.sacbar.org/pro-bono.html Bryan Cave Leighton Paisner 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 […]

April 3, 2020
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

Open meeting law and homeowners associations

[…] got together and tried to reduce the number of ski hours by over 30%. Those of us who wanted to protect our amenity got together and fought for our rights. The end result of that effort was a compromise Resolution between the two factions that was later ratified by the board. The following year, […]

June 14, 2009
Asked and Answered

First Amendment Protest Rights

Do ‘disturbing the peace’ laws trump the First Amendment?

Two of about a dozen protesters were arrested for 415 section 2, 'disturbing the peace', while peacefully protesting.The incident occurred between the hours of 6pm and 8pm.We arrived for our court date only to find no charges had been filed.A week after that we received a notice by the arresting deputy that he was […]

June 14, 2009