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Asked and Answered

Brown Act CPRA

Water agency contractors’ calculations “trade secret”?

[…] but has not responded for a request to review the consulting contract itself. This isn’t academic: the agency asserts that the consultants’ excel spreadsheet originals containing the actual cell-by-cell math calculations are proprietary to the consultant and the water agency itself isn’t privy to the calculations. Here’s the dilemma: first, this means that the […]

January 16, 2012
Asked and Answered

CPRA

How do I challenge the results of a public records act request?

I am working with a community organization that has filed public records requests with the School District asking for certain data pertaining to enrollment statistics for a subset of their total population. We have reason so believe that the information they have provided is inaccurate. One indicator, for example, is that they have provided wildly […]

February 10, 2017
Asked and Answered

Brown Act

School board closed session “under the guise of labor negotiations.”

Our Unified School District is always walking a very fine line when it comes to the Brown Act. At the last Board of Trustees meeting, the superintendent stated, and three trustees confirmed, that the district has come up with a plan to tackle the multimillion-dollar shortfall it's expecting for the next school year. The superintendent […]

February 20, 2015
Asked and Answered

Brown Act

Can new board members ask for past closed session update?

[…] disclose the information to the new member would be appropriate. 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.

February 20, 2011
Asked and Answered

FOIA

Foreign Officials, Detention, Privacy, and the Freedom of Information Act

[…] that there might be a cover-up and complicity to help the official evade the Philippine justice system. The question is: what can be done to have concerned government agencies release information about the official, why the visa was revoked, and why the official continues to be detained at a Detention Center, and why the official […]

June 14, 2009
Asked and Answered

CPRA

Complaints, and Public Record

[…] etc., I should quote/give them in relation to this? (ie - They say, "We can't give you a copy of complaints, that's not public." I say, " Actually, according to code ______, I am entitled to these records, as they are public.") Please note: I am seeking the list of complaints, as opposed to […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Applicability of the Public Records Act to Private Text Messages

[…] are not public record because he used his personal iPhone and has not submitted a request for reimbursement from the City. I have checked the Sunshine Law, Brown Act and CA Public Records Act and can find no authority for the Mayor's position. At the same time, I can find no authority for the […]

June 14, 2009
Asked and Answered

Brown Act

Agenda Item Descriptions

Is it a Brown Act violation for a School Board agenda to include an item on its agenda called "Board Discussion"? I read 54954.2(b) An agenda must ...shall state the meeting time and place and must contain "a brief general description of each item of business to be transacted or discussed at the meeting, […]

June 14, 2009
Asked and Answered

First Amendment Social Media

Can the City ban negative online posting by public employees, officials?

The First Amendment, with some exceptions, generally prevents the government from limiting citizens’ speech. Employers, with some exceptions, generally have the ability to limit what their employees can say on behalf of the company or while engaged in work functions. Thus, an interesting dynamic is generated when, as in this situation, the government is […]

March 5, 2015
Asked and Answered

CPRA School Records

Public official’s email communications

[…] emails are confidential. My educated guess is that they deal with one case of a gun being found in a student's backpack and another case of near-campus melee that resulted in the arrest of 4 juveniles.Are these emails public records? Must they be released if they contain no information that must legally be held confidential?

June 14, 2009