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Press Release

California First Amendment Coalition to Tell Congressional Commission that China’s Internet Censorship Violates WTO Treaties

CFAC, June 16, 2008--The California First Amendment Coalition (CFAC) will testify before a Congressional commission this week concerning the Chinese government's system of internet censorship, which CFAC is challenging as a violation of free trade treaties enforced by the World Trade Organization (WTO). The hearings on "Access to Information and Media Control in the […]
- Government Transparency and Accountability
June 3, 2009
Asked and Answered

Brown Act

Violation of Brown Act by fellow board members

I am an elected official. I believe some of my fellow board members are violating the Brown Act and other public meeting laws. How do I go about getting an investigation into their activities and decision on potential violations and corrections or cures to potential violations?

June 14, 2009
Asked and Answered

Brown Act

Time allotted for speaking at public meeting

[…] of the Oakland Public Schools, the State Administrator, Randolph Ward, has maintained the following rule for public comment. At a regular State Administrator and/or School Board Meeting, a member of the public is restricted to three minutes of public speech on all agenda and non-agenda items. Is this rule a violation of the Brown Act?

June 14, 2009
Asked and Answered

Brown Act CPRA

Quorums and the CPRA

Our agency facilitates a multi-agency Policy Council on Children & Youth which is also our county's Child Abuse Prevention Commission. This group is subject to the Brown Act. If our bylaws allowed it, could we legally allow members to submit a written proxy vote on specific agenda items when the member cannot be present? […]

June 14, 2009
Asked and Answered

CPRA

Can’t flush out City’s drainage report

[…] them from disclosure. Of course, there are numerous exemptions that the City might invoke in responding to a records request, including the Act's "catch-all" exemption, contained in Government Code § 6255(a). This exemption states that in order to justify withholding a record, the agency must show that "on the facts of the particular case […]

May 4, 2011
Asked and Answered

CPRA

CPRA Request being stonewalled by their attorney

[…] acknowledge their attorney as a legal party under the CPRA (there is no mention of attorneys as valid parties under the Act). We have stated that they must respond directly to us but so far they are ignoring us. We are not in litigation with them… we are only exercising our right under the […]

June 12, 2013
Asked and Answered

First Amendment

Is there a law about distributing fliers near a courthouse?

[…] "limited public forums," or areas that traditionally have not been made open to the public, but have become public forums for at least some purposes because the government body that regulates a particular area has made it available for use by the public. In order to restrict speech in a public forum or limited […]

August 27, 2010
Asked and Answered

CPRA

My PRA request denied, but Buzzfeed published documents on similar case

[…] of 2015, I received a letter from the CBOP citing me for a total of $5000. I was advised by my attorney that since it is a government agency, the citation cannot be fought like a criminal case or a civil case. He called it per se. So I am making payments on it. […]

September 2, 2016
Asked and Answered

Brown Act

When should “anticipated litigation” be agendized?

[…] made public two years later in April 2012. During that time, the only notice on the City Council Agenda was "Significant Exposure to Litigation Pursuant to California Government Code Section 54956.9B) (1 Anticipated Case)" which reoccurred from time to time. Since the IRS already knew about their threat of litigation and since public knowledge of […]

February 3, 2014
Asked and Answered

CPRA

Councilman asks intern on date via city issued cell

[…] not disclosing the record clearly outweighs the public interest served by disclosure of the record. Gov't Code section 6255(a). However, the use of this section by the government requires a "case-by-case balancing process, with the burden of proof on the proponent of nondisclosure to demonstrate a clear overbalance on the side of confidentiality." Michaelis, […]

November 21, 2009