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Asked and Answered

First Amendment

Threatened with expulsion for posting on public college online forum

[…] subjecting a student to disciplinary sanction solely on the basis of conduct that is speech or other communication" that, if engaged in off campus, is protected from government restriction by the First Amendment. First Amendment principles generally come into play whenever a government actor attempts to restrict speech.Whether there is an actual constitutional violation, […]

May 18, 2015
Asked and Answered

CPRA

Is US’s federally-funded research exempt from CPRA?

[…] the Public Records Act, including a sample request letter, on the FAC’s website here: 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.

March 19, 2014
Asked and Answered

CPRA Police Records

Are CPRA exemptions discretionary?

[…] for a pending case may obtain a copy of the crime report through the discovery process at the court. A suspect may obtain a copy of a crime report after the case has been adjudicated. Redactions will be made to comply with state and federal law. Shouldn't they be considering requests on an individual basis?

August 21, 2012
Asked and Answered

CPRA

Is a Salary/Wage Review Really A “Trade Secret”?

[…] Their response was, "Said records are not subject to public disclosure as they constitute valuable trade secrets of the District which if disclosed to competitors could undermine the District's efforts to recruit and retain qualified employees (California Government Code Section 6267 and California Evidence Code Section 1060)." Is this in fact truly a trade secret?

July 2, 2010
Asked and Answered

CPRA

City finds many ways to deny CPRA requests for emails

[…] (specifically email) outside the 30-day window even though that email still exists on city servers and are not deleted. Is this permissible under the California Public Records Act? Also we believe but cannot prove that the city manager is playing a role in determining which email we can see or not see with the […]

May 31, 2013
Asked and Answered

First Amendment

Are Neighborhood Associations protected under the First Amendment?

My City’s Code creates a system of Neighborhood Associations and, above them, a tier of District Coalitions. The NAs and DCs are quasi- governmental bodies supported and funded by the City to assist with neighborhood-level governance and participation in city decision-making; however, they have non-profit status. One of the NA board members is facing litigation […]

April 22, 2016
Asked and Answered

CPRA

Can An Agency Provide Requested Records But Deem Them “Confidential”?

Is it legal for a government attorney to mark a PRA response as being "Confidential"? Confidential is followed by "Note: This media is intended to be viewed by certain individuals. It may contain information that is privileged or protected from disclosure by law. If you are not the intended recipient, any action in reliance […]

February 5, 2018
Asked and Answered

CPRA

No oversight when councilmembers compile emails in response to record requests

[…] Manager's office presumably has access to the Council member's electronics documents, through the City's servers. This process strikes me as a violation of the spirit of the Brown act, because it does nothing to prevent the Council member from destroying or failing to supply records, or to assist the public in discovering when this […]

November 8, 2013
Asked and Answered

CPRA Police Records

Is law enforcement body camera footage a public record?

[…] which means, presumptively, body camera footage would be subject to disclosure unless some other exemption applies. In California, however, police investigatory records are exempt from disclosure under Government Code § 6254(f). Thus, to the extent that the requested footage has become part of a police investigation, then it likely would be exempt from disclosure under the […]

January 19, 2015
Asked and Answered

CPRA School Records

CPRA and “Prompt” Production of Records

[…] v. Dep't of Gen. Servs, the court found an initial production within two weeks of a request was timely. 55 Cal. App. 4th 1340, 1349–51 (1997). However, Government Code section 6253(d) requires, "Nothing in this chapter shall be construed to permit an agency to delay or obstruct the inspection or copying of public records." […]

May 23, 2018