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Showing results for government bodies must comply brown act 54951 act90 54951 act 54951 act90 54951 54951 54951

Asked and Answered

Court Records

Unsealing exhibits cited in a judicial ruling

[…] are not under seal and should be made available to the public.) Although any member of the public may file a motion to unseal, such a person must comply with a number of procedural rules, however, and may require the assistance of legal counsel to prepare such motion. The general rules governing a motion […]

June 14, 2009
Asked and Answered

CPRA Police Records

Traffic Citations and the CPRA

[…] the arrest "records" themselves, see Williams v. Superior Court (1993) 5 Cal.4th 337, 348, 360-361). However, Sec. 6254(f) does provide that a state or local police agency must disclose certain information about their investigation of an "incident," including the "names and addresses of persons involved," witnesses, description of property involved, the date, time and […]

June 14, 2009
Asked and Answered

CPRA

Third-Party Settlements

The City has an obligation to make the settlement agreement public, under the Public Records Act ("PRA"). Records in the possession of state and local government entities are presumed to be public unless one of the PRA's enumerated exemptions to disclosure applies. See Cal Govt Code Section 6252. I know of no exemption in the […]

June 14, 2009
Asked and Answered

CPRA School Records

Suspension and Expulsion Records

[…] records are presumptively open to the public, absent an express provision to the contrary. Two provisions of the PRA that might apply to student disciplinary records are Government Code Section 6254(c), which exempts from disclosure "ersonnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy," and Section […]

June 14, 2009
Asked and Answered

CPRA

Searching Fees for Records Requests

As an architectural historian I often need to include alterations over time and must access and inspect, but not copy, building permits. Riverside County indicates they will charge a fee based on work they must do to collect onsite materials (microfilm, 4x5 cards, old computer printouts), and to provide information on how to extract […]

June 14, 2009
Asked and Answered

CPRA

How to file a verified petition

[…] plaintiff who prevails in litigation filed pursuant to the Act. Gov't Code § 6259(d). 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 18, 2016
Asked and Answered

Brown Act CPRA Newsgathering

Police dispatch calls

It wouldn't appear that you have any basis for challenging this under California law. The public records act only covers writings, not oral communications. Government Code section 6252(d). And such police communications would not constitute meetings that are a required to be open to the public under the Brown Act. I'm not currently aware […]

June 14, 2009
Asked and Answered

First Amendment

Blog post results in threats of defamation

[…] help you directly, they may also be able to refer you to an attorney. 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 8, 2016
Asked and Answered

First Amendment

Parents Want to Shield Kids from ProLife Protest Signage at Florida Elementary Schools

[…] forums is protected by the First Amendment and can only be restricted if a high standard is met. In either a traditional or designated public forum, the government may restrict the time, place and manner of the speech through reasonable regulations, as long as enforcement is content neutral. Content neutral restrictions are those that […]

April 3, 2018
Asked and Answered

Brown Act

Can A City Councilmember Change Recorded Vote If It Changes Outcome?

[…] deadlock. 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. No attorney-client relationship has been formed by way of this response.

April 5, 2018