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Asked and Answered

Brown Act

Can A City Councilmember Change Recorded Vote If It Changes Outcome?

[…] deadlock. Bryan Cave 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. No attorney-client relationship has been formed by way of this response.

April 5, 2018
Asked and Answered

CPRA FOIA Police Records

How do I appeal the denial of a CPRA request?

[…] wondering who do I write to so I can appeal the denial? Is there a way to file the request pursuant to the federal Freedom of Information Act (FOIA)? I'm all the way in Chicago and don't have time to get to CA for something so simple. Can your office file on my behalf […]

May 15, 2012
Asked and Answered

First Amendment

Free speech “cornered” in downtown park

[…] the downtown workers that I had to stand in a corner of the park away from the public. It has been a while since this but it is still going on. Protesting and public actions are being limited to this corner. I feel like the "corner"limits freedom of speech and is not right. Any advice?

April 27, 2010
Asked and Answered

CPRA

Animal shelter won’t disclose contact info on local cat trapper

[…] City School Dist. v. Superior Court, 118 Cal. App. 4th 1041, 1045 (2004). Additionally, the County may attempt to fit the public records under 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, the […]

June 15, 2016
Asked and Answered

CPRA

Do legal fees count under pending litigation CPRA exemption?

My records request for the documents showing how much money the county has spent on a current and ongoing lawsuit. The County states that the information revealing the total money spent is privileged because the case is in active litigation. It would appear to me that no privileged information concerning the case would be jeopardized […]

February 4, 2014
Asked and Answered

CPRA

A Can the city legally refuse to fulfill my request unless I use their form?

[…] city will not fulfill a request for documents made via email. They insist that I first fill out their request form. I have made email requests to other government entities for years and other than delays I have received my documents. Can the city legally refuse to fulfill my email request? Is there state code […]

August 13, 2015
Asked and Answered

CPRA

Can cities withhold public access to calendars?

[…] catch-all exemption, and has not fully explained how that exemption applies to the records that you seek, which I understand includes calendars. Specifically, the exemption found in Government Code § 6255 states that a record may be withheld if non-disclosure greater serves the public interest. Importantly, the "public interests" in disclosure and non-disclosure are […]

March 18, 2016
Asked and Answered

Brown Act

Serial Meetings

[…] one of them meet with a third board member to discuss the same types of general issues? Assume there is no discussion of how to vote on action items -- rather, it is a general conversation about how things are going. Can this be shared with a third board member, or does that constitute […]

June 14, 2009
Asked and Answered

First Amendment

City Denies Critics Access To Information?

[…] article from May 19, 2010: "JUDGE ORDERS CITY CRITIC TO AVOID OFFICIALS." Did the ruling affect any person requesting records? Because elected officials are the stewards of our tax money, I feel their actions should be available to the public. This situation truly concerns me and I would appreciate any help you could give me.

May 29, 2010
Asked and Answered

CPRA

Does the CPRA allow access to notes from interviews with job candidates?

[…] on this point. As for the deliberative process privilege, this privilege may allow nondisclosure of records revealing the deliberations of agency officials, or information relied upon by government officials in making decisions that they would not otherwise receive if the information were routinely disclosed. This privilege again requires a balancing to demonstrate "that on […]

September 16, 2013