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Asked and Answered

CPRA

State Public Health Department Withholding Public Inspection Records

[…] the machine used. I received a statement stating my request was being delayed and I might not receive all of the records. After complaining and resubmitting my request, I received some of the records but not all. I was told an administrator must first inspect the public records and then decide which records are given.

February 7, 2018
Asked and Answered

CPRA

Can An Agency Charge Fees for Inspecting Public Records?

I am inquiring whether agencies can charge you to inspect emails or get copies of emails based on Government Code section 6253.9(b)? Are they allowed to use rule of cost to construct a record, and the cost of programming and computer services necessary to produce a copy of the record, for the charging of […]

February 26, 2018
Asked and Answered

First Amendment Newsgathering

Do students’ free speech rights extend to internet and TV broadcasts?

[…] or Section 2 of Article I of the California Constitution. Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition 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.

December 2, 2011
Asked and Answered

First Amendment

How are non-print media regulated in schools?

[…] or Section 2 of Article I of the California Constitution. Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition 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.

August 25, 2011
Asked and Answered

CPRA

Using the CPRA to access list of alcoholic beverage licensees

[…] to whether business email addresses which are provided to the ABC-California by alcoholic beverage license applicants are subject to disclosure under the provisions of the California Public Records Act? And if, so, how can we obtain a list of all alcoholic beverage licensees in the State of California which include the following: (1) The name of […]

June 13, 2016
Asked and Answered

Brown Act CPRA

City Attorney says legal analysis is a CPRA exemption

[…] privilege.) It does not seem that the law guarantees you access to the record. Bryan Cave 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 10, 2013
Asked and Answered

CPRA

How do I challenge the results of a public records act request?

I am working with a community organization that has filed public records requests with the School District asking for certain data pertaining to enrollment statistics for a subset of their total population. We have reason so believe that the information they have provided is inaccurate. One indicator, for example, is that they have provided wildly […]

February 10, 2017
Asked and Answered

First Amendment

Can Golf Group Nix Magazine Give Away in Parking Lot?

[…] "limited public forums," or areas that traditionally have not been made open to the public, but have become public forums for at least some purposes because the government body that regulates a particular area has made it available for use by the public.In order to restrict speech in a public forum or limited public […]

June 23, 2010
Asked and Answered

Brown Act

Public notice and disclosure of existing litigation

Our school district has a closed agenda item with the following sentence. Is this allowed?A) EXISTING LITIGATION(Subdivision (a) of Section 54956.9)Pursuant to Government Code Section 54956.9(a) the Board will confer with legal counsel concerning existing litigation; disclosure of the case name might jeopardize current settlement negotiations.How can the public comment on a case without […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Printing by public officials

[…] an Express Mail with return receipt requested. Or can I type up a letter with attachments, make a copy of same and hand deliver to whatever county government office is appropriate, then ask for a date stamp on my copy. We do not have a lot of money and since most of the county […]

June 14, 2009