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Asked and Answered

CPRA

Can city business hide behind attorney/client privilege?

[…] this council member cut him off in traffic, made a vulgar hand gesture and used obscene language while driving the city vehicle. I made a public records act request seeking a copy of this email and was informed that I could not get this email because the city attorney had been copied and it […]

July 23, 2013
Asked and Answered

CPRA

Accessing public employee timesheets

[…] be made public. See International Federation of Processional Engineers v. Superior Court, 42 Cal. 4th 319, 331 ("he 'broadly based and widely accepted community norm' applicable to government employee salary information is public disclosure"). Similarly, the Supreme Court held that records containing the names, employing departments, and hiring and termination dates of California police […]

August 4, 2011
Asked and Answered

CPRA

CPRA request on pension investments was denied for the “public good”

I am seeking some clarification regarding the use of Government Code Section 6255(a) by the San Diego County Employees Retirement System and am wondering if there is any case law that shows the use of this law is not being applied correctly. I have included the information below that the plan provided me. "...documents […]

May 16, 2012
Asked and Answered

First Amendment

Regulating teacher speech

Government regulation of employee speech does implicate First Amendment issues and is sometimes unconstitutional. The question usually boils down to the "'balance between the interests of the , as a citizen, in commenting upon matters of public concern and the interest of the State, as an employer, in promoting the efficiency of the […]

June 14, 2009
Pages

Privacy Policy

[…] Security Logs Suggested text: The IP address of visitors, user ID of logged in users, and username of login attempts are conditionally logged to check for malicious activity and to protect the site from specific kinds of attacks. Examples of conditions when logging occurs include login attempts, log out requests, requests for suspicious URLs, […]

May 30, 2024
Asked and Answered

CPRA

Are State Bar records accessible under the public records act?

[…] v. California Legislature, Case No. 34-2011-80000929 (Sacto. Super. Ct. Dec. 2, 2011). Bryan Cave 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.

June 8, 2012
Asked and Answered

CPRA

Using CPRA to learn rules governing Resort Improvement District #1

[…] You can find a sample public records request letter. 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. sample public records request letter

July 22, 2013
Asked and Answered

CPRA School Records

Public Records Act Request Denied Due to Inability to Redact “Deliberative Material”

[…] wording of the code that states: "If a record contains both factual and deliberative materials, the deliberative materials may be redacted and the remainder of the record must be disclosed." They rejected this claim stating that "Board Informatives are directly correlated to the deliberative material and redactions would not apply" as the "factual material […]

February 20, 2018
Asked and Answered

CPRA

Public Universities, Listservs, and Destruction of Records

Destruction of public records is governed by Cal. Government Code Section 6200, which specifies that: "every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his or her hands for any purpose, is punishable […]

June 14, 2009
Asked and Answered

Brown Act

City Council Action in Secret

Under the Brown Act, a city council is not supposed to take any action in secret, except where the matter can be discussed in closed session, and even then the council is required to disclose any action taken in closed session. See generally Gov't Code section 54953(c) and 54957.1. Consequently, if a vote of […]

June 14, 2009