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  • Asked and Answered

    CPRA School Records

    Accessing a public employee’s resume

    […] to remind the agencies of their legal obligation to justify a denial of a records request.  A sample PRA request is available on CFAC's website at: https://firstamendmentcoalition.org/cpra-primer/sample-cpra-request- letter/. The ultimate recourse under the PRA in the event of an improper denial is to initiate litigation.  It is sometimes helpful to remind the agencies that […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    City Councilmembers texting each other while deliberating

    If I understand correctly, you are asking whether a city council member can text or email other city council members over an issue that is formally before them. The Brown Act is violated when "a series of communications of any kind, directly or through intermediaries," is used by a majority of the members of […]

    July 10, 2014

  • Latest News

    Justice Roberts Saved the Supreme Court — Here’s What He Needs to Do Next

    BY PETER SCHEER —Chief Justice John Roberts orchestrated the upholding of President Obama's health reform plan not because he believed that that was the legally correct outcome, and not because he wanted to spare Obama the loss of his singular legislative achievement. No, Roberts' deft decision, substantially upholding the health law -- while simultaneously […]

    July 11, 2012

  • Asked and Answered

    CPRA

    Can criminal background checks on county candidates be kept confidential?

    […] on other officeholders nor does it plan to start doing them for all candidates. It did, however, conduct such a check in 1989 when it last made an appointment to the clerk-recorder position. Is the county's interpretation correct? Can the county keep the results of a background check on a person holding elected office confidential?

    May 1, 2013

  • Asked and Answered

    CPRA

    Can I use the PRA to request lawmaker’s emails and calendars?

    […] on if they are state or local legislators)—you can find more information on this website about how to submit a Public Records Act request, including a sample letter.  Find information on LORA  on the CA State Assembly's website. Although it is ultimately the agency’s duty to help you make effective, focused requests, I would recommend specifying […]

    August 26, 2016

  • 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

  • Asked and Answered

    CPRA

    Obtaining Legal Records of a Public Agency

    […] ledger from the finance department with a listing of expenses only with just 3 of over 100 pages showing the case or project information. I sent another letter stating that the information was incomplete.  It took the city another month to respond.  Now they are saying that the billing statements and invoices are protected […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Is It Legal To Share Public Documents Received From One School District With Another School District?

    […] and reasonable attorney’s fees in defending the lawsuit. Cal. Gov. Code § 6259(d). If you would like to reference additional information regarding PRA requests, including a sample letter template, you can do so here. Bryan Cave Leighton Paisner LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In […]

    September 24, 2021