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Amicus Briefs Digest, Sept. 2017

[…] on the employer’s premises. The amicus brief argues that information provided by sources to the press is essential to investigative journalism and that under the broad standing requirements established by the U.S. Supreme Court in First Amendment cases, Plaintiffs have established standing based on the Act's chilling effect. Carpenter v. United States: This amicus […]
- Free Expression
- Press Freedom
September 27, 2017
Asked and Answered

CPRA Police Records

Police deny journalist’s request for suicide report

[…] closed, but the request was denied anyway. The denial letter says that even when a police investigation is closed, the agency doesn’t have to make anything public (though it did provide a small, essentially worthless summary). Is that conclusion correct? Do I have any recourse? For instance, can I ask that they redact sensitive information?

April 2, 2010
Asked and Answered

Brown Act

Selling property and public input

Can a city sell property with just a closed session hearing? Noopen public hearing on the sale was held.

June 14, 2009
Asked and Answered

Brown Act

Secret ballots violate Brown Act

[…] open session, but by secret ballot. After announcing the matter, taking questions and comments, the city council sat at the dias w/microphones off, each wrote their choices for the board on a piece of paper and handed them to the City Clerk who tallied the votes and announced the appointments, but without specifying which […]

June 14, 2009
Asked and Answered

Brown Act CPRA School Records

Are School Board Committee Meetings Subject to the Brown Act?

I am a parent who submitted an application to run for the Parent Representative position at my child's Charter school. The elections committee deemed me unqualified under their recently changed bylaws (amended after the application deadline). I requested to attend Election Committee meetings, and was told they are not subject to Brown Act. I […]

February 6, 2018
Asked and Answered

CPRA Police Records

Can law enforcement seal a search warrant that gathered evidence on a civil case?

[…] agency use a search warrant to gather evidence in an anticipated civil case? 2) Can that same agency seal a search warrant used solely to acquire information for an expected civil case? 3) Where can I find the law on this, so that I may reference it in conversations with this agency? Thank you […]

August 19, 2011
Asked and Answered

Brown Act

Are Community Action Agencies Subject to the Brown Act?

[…] agency as a full voting member of the governing body of that private corporation, limited liability company, or other entity shall be relieved from the public meeting requirements of this chapter by virtue of a change in status of the full voting member to a nonvoting member. (d) The lessee of any hospital the […]

October 30, 2020
Asked and Answered

Brown Act First Amendment

Does Brown Act Permit City Council’s New Rules of Decorum?

[…] and distrust in the city officials and business. 1. Can the rules dictate what a community member wants to speak on during regular general public comment? (non agenda items and not during a public hearing) 2. Can the rules dictate whether other community members are allowed to repeat or echo similar comments? 3. Can […]

May 21, 2018
Asked and Answered

CPRA

Can I access emails of city employees using personal emails for city business?

Our newspaper made an public records request for "all emails to and from city employees" regarding a new parking meter system the city is using. Our intention is to see whether employees have written emails stating that the system is not working properly. In response, the city attorney exempted an unspecified number of emails […]

November 17, 2011
Asked and Answered

Brown Act

When does a non-profit fall under the Brown Act?

[…] the City under an Assessment is the Association under the Brown Act? If the Association establishes a new organization and is registered as a 501(c)(3)to become eligible for grants does that organization fall under the Brown Act? If the Association gives money to the organization does it fall under the Brown Act? If a […]

July 31, 2013