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Asked and Answered

CPRA

Accessing Government Phone Records

[…] etc. and that privilege can not be invoked by a municipality or local government to redact the incoming and outgoing phone numbers from those records. Is that correct? If so - where has this been done before? Other than the 2005 San Diego City Attorney opinion, are there more legal opinions on this out […]

June 14, 2009
Asked and Answered

CPRA

CPRA not denied, but never produced by agency

[…] with appropriate legal arguments as to why these records are subject to disclosure. You can find more information about the Public Records Act, including a sample request letter, at the First Amendment Coalition website at https://firstamendmentcoalition.org/category/resources/access-to-records/. Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to FAC hotline […]

February 2, 2011
Asked and Answered

Brown Act

City Planning Commission failure to address public comment

[…] the right to public comment pursuant to the Brown Act, you cannot compel anyone to speak to your questions. My suggestion would be that you ensure the letter gets into the hands of all of the decision-makers – all of the planning commission members, as well as city staff. Simply getting the comments on the […]

April 11, 2016
Latest News

Cases Press Release

FAC and ACLU of Northern California Welcome Mendocino County’s Repeal of Public Records Fee Ordinance

[…] the community–were poised to challenge it. The government must provide public information to everyone with as few barriers as possible. When the government doesn’t do that, we have problems with access and equity." See FAC and the ACLU of Northern California's letter to the Mendocino County Board of Supervisors urging them to repeal the law.
- Government Transparency and Accountability
- Public Records
May 9, 2023
Asked and Answered

CPRA

Can I use the Sunshine Act to access to state-controlled information?

[…] you in making a focused and effective request that reasonably describes identifiable records. Gov’t Code § 6253.1. You can learn more about the PRA, and find sample letters here: Public Records Act Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, […]

April 7, 2016
Asked and Answered

CPRA

Request for advisory committee’s documents denied

[…] itself -- is only "open" during its meetings, and that is when records will be made available for inspection under the Act, seems contrary to both the letter and the spirit of the Act. Since this board was formed under the city planning department, it would seem that the office hours kept by the […]

August 3, 2011
Asked and Answered

CPRA Police Records

Accessing Police Reports on Investigations

You may be able to obtain the information you seek by making a request under the California Public Records Act ("CPRA"). Under the CPRA, records in the possession of public entities are presumed to be public unless one of the Act's enumerated exceptions to disclosure applies. Government Code section 6254(f) sets forth the so-called "law […]

June 14, 2009
Asked and Answered

Brown Act CPRA

What Constitutes a Local Agency

[…] written request for records reflecting the information you seek. A sample Public Records Act request can be found on CFAC's web site at the following link: http://firstamendmentcoalition.org/cpra-primer/sample-cpra-request- letter/. The PRA requires agencies to provide you with the documents requested, or notify you that your request has been denied, within 10 days of a request. […]

June 14, 2009
Asked and Answered

Brown Act

aa-Housing Authority Board of Commissioners and the Brown Act

[…] for closed sessions (items to be discussed must be posted on agenda, requirements for closed sessions must be met, etc). As to your first question, you are correct that in general, public comment must be allowed before or during the Board's consideration of the particular item. However, Brown Act itself does not contain any […]

June 14, 2009
Latest News

The Rowan County KY Clerk has no “right” to refuse marriage licenses to gay couples

[…] it was a setback for gay rights, jeopardizing the strategically planned claim for same-sex marriage when the Prop 8 case finally reached the US Supreme Court. The correct choice for both Ms. Davis and then-Attorney General Brown, if they feel strongly enough about these issues, is to resign. Short of that, their responsibility […]

September 3, 2015