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Asked and Answered

CPRA

Can I use information revealed in closed session, or is it privileged?

[…] classes. In response, I filed two whistle-blower complaints against the Community College District and several of its employees. Immediately, the District unlawfully retaliated by threatening me with disciplinary action, saying that two employees had filed negative workplace complaints arising from my series of emails listing my complaint. The District repeatedly refused to say who complained […]

September 1, 2016
Asked and Answered

First Amendment

Government has retaliated against me for publicly criticizing the Vets Administration.

I am service connected veteran openly criticizing government officials at the Veterans Administration. By exercising my rights under the constitution I was subjected to a pattern of retaliation from being denied educational benefits, denied requests for information about my vocational rehabilitation records, and denied due process under the 5th Amendment. What can I do?

March 3, 2016
Asked and Answered

CPRA

Using Public Records Act to find a school executives’ salaries

[…] may not require that the salary for every single public employee be disclosed. The Court left open the possibility that the privacy interests of a low-paid, low-level government employee might outweigh the public's interest in the information. So, as a general matter, the more significant the employee's duties and the higher the salary the […]

July 19, 2012
Asked and Answered

CPRA Police Records

Are police informant contracts subject to the PRA?

[…] description, since it’s not something that is pertinent to the investigation itself. The police department might also claim some other exemption – for example, the "catch-all" exemption, Government Code § 6255, which is a broad, yet undefined, exemption that provides that a record may be withheld if, on the facts of the particular case, […]

April 27, 2016
Asked and Answered

Newsgathering

Can police videotape me in my home without consent?

[…] (a) (full text below). The term "person" in the statute is defined to include "an individual acting or purporting to act for or on behalf of any government or subdivision thereof," which would seem to include law enforcement personnel. Penal Code § 632 (b). Note, however, that there are a number of carve-outs related […]

December 2, 2011
Asked and Answered

Newsgathering

Can police use hidden cameras to videotape the public without consent?

[…] (full text below in italics).The term "person" in the statute is defined to include "an individual acting or purporting to act for or on behalf of any government or subdivision thereof," which would seem to include law enforcement personnel.Penal Code § 632 (b). Note, however, that there are a number of carve-outs related to […]

October 26, 2011
Asked and Answered

Brown Act First Amendment

Can ID Be Required to Make Public Comment?

[…] assign next to the public-comment podium that says "Please state your name."I think it might even ask for address. I believe it is in violation of the Brown Act to require people to say their names. It is important in this community that people not have to state their name as an unfortunate individual […]

June 10, 2010
Asked and Answered

CPRA

What is the CPRA rule regarding retention of emails?

As far as the CPRA is concerned, I filed for any emails concerning media policy and the district told me that emails are only archived for four years. Is that legal? Is there a statute of limitations on how far back public agencies must keep emails on file?

April 1, 2015
Asked and Answered

Brown Act

Serial Meetings 101

A citizen here has asked the DA to investigate Riverside County supervisors for possible violation of the "serial meetings" provision of the Brown Act. Could someone explain to me exactly how a series of two-person conversations can violate the act? On a five-member board, if A discusses X with B, and then B discusses […]

June 14, 2009
Asked and Answered

CPRA

CPRA request won’t be fulfilled unless we show documents we’ve already received

[…] messages contained on personal devices such as smartphones are subject to disclosure under the Act. The issue was litigated in 2013, and in a trial court victory for government transparency, the judge ruled that the Act applies to government officials’ emails and texts about government business, even if such messages were sent or received using […]

June 16, 2016