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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

First Amendment

What to do when a government agency requires a permit and insurance to protest

[…] (until preliminarily enjoined) to prevent plaintiffs' protected activity yet that coverage has never had to be called upon, [the]s insurance requirement appears to be a relatively gratuitous burden, "substantially broader than necessary to achieve the government's interest." ( Ward v. Rock Against Racism, supra, 491 U.S. at p. 800 [105 L.Ed.2d at p. 681].) Id.

June 14, 2009
Asked and Answered

CPRA

I’m applying to volunteer for the Sheriff’s Dept. Is that form subject to CPRA requests?

[…] and the candor of those who apply." Id. at 164, 172. In your situation, given the PRA is intended to foster disclosure of records held by the government, the default should be that the records could be released to an inquiring member of the public, and therefore you may want to make your decision […]

November 16, 2015
Asked and Answered

CPRA

Are government contractors’ 1099’s disclosable?

[…] their "no such records exist" response and remind them of this requirement. 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.

January 17, 2012
Asked and Answered

CPRA

Can public access city’s internal investigation report?

[…] of the investigation has been requested but denied twice because the city says it is an internal investigation and is not available to anyone outside of City government. This investigation would certainly be of interest to the public to see how the investigation was handled and what the outcome was. Please advise if this […]

October 27, 2011
Asked and Answered

CPRA

Is it legal to sell public records for profit?

Can a person request records under the CA Public Records Act and then make money off of the re-distribution of these records? For example, can the records be put on a website that has advertising or can the records be outright sold? Clearly people could still request the records directly from the agency if […]

May 16, 2012
Asked and Answered

CPRA

Are worker’s comp claims public documents?

[…] disclose them in redacted form, under Gov't Code § 6253(a). 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.

July 27, 2011
Asked and Answered

CPRA

Are public records requests public records?

[…] in its possession, these requests would themselves be subject to the 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.

September 9, 2014
Asked and Answered

CPRA

What does the CPRA say about an agency charging a $48 “clerical fee”?

I'm interested in getting some feedback from someone a little more experienced at filing public records act requests. I'm a little suspicious of the Department of Fair Employment and Housing charging a $48 "clerical fee"although their invoice does not list the amount of pages or mailing fee, implying the search has not yet been done. The request […]

September 15, 2015
Asked and Answered

CPRA

Can an agency’s CPRA defense go beyond the exemptions in the initial denial?

I was recently denied government records based on a single specific exemption to the California Public Records Act. I truly believe these records should be public so I filed a lawsuit myself to compel disclosure. After serving the lawsuit, the head of the agency informed me during a meeting that they may defend the […]

September 16, 2010
Asked and Answered

First Amendment

Threatened with Libel Suit for Email I Wrote Discussing Candidates

[…] to her lawyer. Current officials/candidates were coerced to condemn and shame me. I feel my First Amendment rights were abridged when she used her public influence and government officials to silence and condemn me. I have no form of social media. I don't know how my email was intercepted. I feel I should have […]

February 16, 2018