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Asked and Answered

Brown Act

Union representatives in closed labor negotiations

A closed session may be held, pursuant to section 54957.6 of the Brown Act, to discuss salaries, salary schedules, fringe benefits, and other issues within the scope of negotiations between a local agency and its employees with the local agency's representative. The purpose of this closed session is only to consult with its own […]

June 14, 2009
Asked and Answered

CPRA

The CPRA and State Employees

[…] answer I received via email from our Chief of Administration: "Sorry we did not get back to you sooner. We had to determine if the Public Records Act applied to state employees. We have been advised that the Public Records Act does not apply to state employees. However, Budgets is determining what is available […]

June 14, 2009
Asked and Answered

CPRA

School documents and lost records

[…] documents, that are "prepared, owned, used or retained" by the district are accessible to the public unless they come under one of the exemptions set forth in Government Code sec. 6254 or the "catchall" exemption in sec. 6255. With regard to salary compensation information, there has been a fair amount of controversy and litigation […]

June 14, 2009
Asked and Answered

CPRA

Requests for applications of public positions

I live in a City with a deep history of closed government.The City Clerk has just notified me that I can not review (partially redacted) copies of job applications of the director of the City's planning department. I will not be allowed to see anything.It is my understanding that CFAC's stance is that I […]

June 14, 2009
Asked and Answered

First Amendment

Expressive conduct at International Airport

[…] place and manner restriction. For example, if there are restrictions on speech that are applied evenly and without regard to the content of the speech, then the government may impose reasonable time, place and manner restrictions on the speech provided it demonstrate the restriction is (i) narrowly tailored, (ii) serves a significant government interest, […]

April 21, 2016
Asked and Answered

CPRA

Does the PRA apply to community college records

[…] 6253.1. You can learn more about the PRA on the FAC website: 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, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.

April 12, 2016
Asked and Answered

CPRA Police Records

Trouble obtaining arrest records and mugshots

[…] for the purpose of crime statistical data gathering. We are asking for data on a consistent basis, i.e. daily email, weekly spreadsheets etc. Some jurisdictions have supplied the arrest logs but no photos. Other jurisdictions act like this is the first time they have ever had a request for such information. Can you please advise?

October 28, 2011
Asked and Answered

CPRA Police Records

Police claims officer ‘use of force’ reports personnel not public issue

[…] agency should release the records in a redacted form.Gov't Code § 6253(a). Holme Roberts & Owen 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.

July 8, 2011
Asked and Answered

CPRA Police Records

Denied records of homicide investigation

[…] knew I as a member of the immediate family I had the full right to the file. I sent in a formal request under the Public Records Act but heard nothing back. I followed up and ultimately got to a Sergeant. He said it was largely a factor of time to redact any personal […]

December 23, 2011
Asked and Answered

CPRA

Can City withhold information until it tells City Council members?

[…] later the city manager's office wanted to notify council members before releasing the document to the public. My question: is there any provision in the Public Records Act that allows for that delay? Second, the county elections office refused to provide me with a verbal update regarding what stage they were at in the […]

August 29, 2016