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Asked and Answered

CPRA

Complaints, and Public Record

[…] etc., I should quote/give them in relation to this? (ie - They say, "We can't give you a copy of complaints, that's not public." I say, " Actually, according to code ______, I am entitled to these records, as they are public.") Please note: I am seeking the list of complaints, as opposed to […]

June 14, 2009
Asked and Answered

Brown Act

Closed Session Voting

In a closed session discussion, a vote was taken regarding the non-reelect of employees. After the vote two people were asked why they voted the way they did (they had not discussed their reasons against the action prior to the vote). Is the reason they gave for the way they voted confidential information?

June 14, 2009
Asked and Answered

Brown Act

Board Voting While Board Member Out of the Room

[…] the board member who had left the room. This occurred on about 4 items. When the board member returned she noticed the votes but said nothing. Is this not a violation of the Brown Act? If so, would you please direct me to the proper place in the act so I may read about it?

June 14, 2009
Asked and Answered

Brown Act

Meeting minutes reveal personal ID information

[…] silent on whether a public agency may require speakers to state their name before or during public comment.See Gov't Code § 54954.3 (public testimony at regular meetings). Government Code section 54953.3 states that a member of the public cannot be required to register his or her name as a condition of attendance at a […]

August 6, 2011
Asked and Answered

Brown Act

Police won’t provide me access to my interrogation reports

[…] for enforcement, can be found at the First Amendment Coalition’s website here. 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 but cannot provide specific legal advice or representation.

June 18, 2015
Asked and Answered

First Amendment Social Media

Can the City ban negative online posting by public employees, officials?

The First Amendment, with some exceptions, generally prevents the government from limiting citizens’ speech. Employers, with some exceptions, generally have the ability to limit what their employees can say on behalf of the company or while engaged in work functions. Thus, an interesting dynamic is generated when, as in this situation, the government is […]

March 5, 2015
Asked and Answered

CPRA School Records

Public official’s email communications

[…] emails are confidential. My educated guess is that they deal with one case of a gun being found in a student's backpack and another case of near-campus melee that resulted in the arrest of 4 juveniles.Are these emails public records? Must they be released if they contain no information that must legally be held confidential?

June 14, 2009
Asked and Answered

Brown Act

Notices of City’s Closed Session Real Estate Negotiations Provide Only Generic Information

[…] for enforcement, can be found at the First Amendment Coalition’s website here. 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 but cannot provide specific legal advice or representation.

April 21, 2022
Asked and Answered

CPRA

How Do I Determine If The Documents I Need Are Accessible By Making A CPRA Request?

[…] for example, if a record contains certain information that is exempt from disclosure, the agency must redact that information, but make the rest of the record available. Government Code § 6253(a). To the extent that you may be stonewalled in your request, keep in mind that the agency is under a duty to assist members of […]

January 14, 2020
Asked and Answered

Bagley-Keene Act

How Do Citizens Know If Agenda Items Meet the Criteria for Closed Sessions Discussion?

[…] the discussions of item 4a, b, c, and are therefore also more appropriate for closed session. The basis for this is found in the Bagley-Keene Open Meeting Act (see Gov. Code, sec. 11120 and following.)" This sounds good, but (a) it's a huge break from how the items were handled in the past and […]

December 14, 2020