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Asked and Answered

Brown Act CPRA

Can the governing board of a public agency delete recordings of public meetings?

[…] these recordings, even when removed from the agency’s website, should be accessible via a CPRA request. Do removed records have to be saved somewhere for a set period of time? Do they need to be released before they are deleted? If they exist in any form within the institution, must the agency provide these records?

April 1, 2025
Cases

Public Records

MSW Media, Inc. and First Amendment Coalition v. United States DOGE Service

This lawsuit seeks to ensure that the "U.S. DOGE Service" established by President Trump and led by Elon Musk is covered by the Freedom of Information Act on the same terms as any other federal agency.
- Government Transparency and Accountability
March 28, 2025
Posts

CFAC protests new legislation curbing access to government mapping data

[…] CA 95814 RE: Oppose AB 1978 Dear Assemblyman Solorio: On behalf of the California First Amendment Coalition (CFAC), an organization dedicated to freedom of information and open government, I write to oppose your AB 1978 as a misguided attempt to convert public information---paid for by California taxpayers and belonging to all California citizens---into a […]
- Government Transparency and Accountability
June 2, 2009
Posts

Governor Brown decides fate of open-government bills

The Richard McKee Brown Act enforcement bill wasn’t the only open- government legislation to come before Governor Brown at the end of this legislative session. Here’s what happened with the bills that FAC has been tracking this year: AB 1270: Governor Brown vetoed this bill that would have allowed journalists greater ability to request […]
- Government Transparency and Accountability
- Press Freedom
October 12, 2012
Posts

CFAC sponsors bill to prevent agencies from using anti-SLAPP law to deter citizens' open-gov suits

[…] open records and open meetings laws. The bill, SB 786, has been introduced by State Senator Leland Yee. SB 786 is directed to lawsuits in which a government agency, defending itself from a claim of violation of the Public Records Act, the Brown Act or the Bagley-Keene Act, invokes the state anti-SLAPP law in […]
- Government Transparency and Accountability
June 2, 2009
Latest News

Blog

When mayors evade disclosure rules by using personal email accounts for city business, it is democracy that suffers. We’ll know soon if the courts, like the public, have lost patience.

For years government officials in California have known that their emails about official business are subject to disclosure as public records. Although mayors, city managers, supervisors and superintendents may not like this, the applicability of the public records law to email messages is settled. You will not be shocked to learn, however, that many […]
- Government Transparency and Accountability
February 6, 2014
Latest News

Blog

Short Takes: government email, historical police records, fee awards against requesters

[…] Federal Records Act amendment which addresses this question: Suppose a federal employee, using his own personal text or email account, sends a message that is clearly about government business? The Federal Records Act amendment, at section 2911, says that the employee is now required either to copy "an official electronic messaging account . . […]
- Government Transparency and Accountability
January 21, 2015
Latest News

Blog Cases

Judge plugs ‘private email’ loophole in CA public records law

[…] Scheer told the Mercury News that he’s confident the appeal will reaffirm the original ruling: "That will force all California cities and counties to treat emails about government business as public records, regardless of the status or ownership of the email accounts or devices. What matters is the substance of the message — is […]
- Government Transparency and Accountability
March 20, 2013
Latest News

Blog

Gmail Nation: The Privatization of Public Records and Public Access

By DAVID SNYDER—The California Supreme Court ruled last month that records stored on government officials’ personal email accounts are subject to the California Public Records Act. This answer seems obvious: government officials should not be able to conceal otherwise public records by simply using Gmail. And yet the law has been surprisingly slow to […]
- Government Transparency and Accountability
April 25, 2017
Latest News

Cases Press Release

FAC Sues Bakersfield For Open Meetings, Records Violations

[…] asserting the city had not violated the law. The city also failed to produce the documents FAC requested. The FAC-Cal Aware lawsuit followed. "The public can’t hold their government accountable unless they know what their government is doing," Snyder said. "We’re going to make sure they do." +++ Attorney Kelly Aviles of Los Angeles is […]
- Government Transparency and Accountability
December 22, 2017