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Asked and Answered

CPRA

Does the PRA apply to community college records

[…] 6253.1. You can learn more about the PRA on the FAC website: Public Records Act 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.

April 12, 2016
Asked and Answered

CPRA Police Records

Can law enforcement seal a search warrant that gathered evidence on a civil case?

[…] your first question -- one would imagine that the Penal Code provision is limited to search warrants in criminal cases. It is not immediately apparent why the government could invoke its police powers in connection with a civil case.Again, however, this issue goes beyond our legal expertise. Next, assuming that Penal Code § 1534 […]

August 19, 2011
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

University claims to have a year to respond to document requests

[…] Act, the agency must make the records available "promptly." If an agency refuses to provide records under the Act, the ultimate recourse is filing a lawsuit under Government Code Section 6259.Such lawsuits are typically initiated by a verified petition (i.e., a request filed under oath) that asks the court to issue a writ of […]

January 4, 2011
Asked and Answered

CPRA

Double standard on publishing names of document requesters

[…] in this chapter. Cal. Gov't Code § 6253 (West) Holme Roberts & Owen 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. Lawyer request form

January 4, 2011
Asked and Answered

CPRA FOIA Police Records

How do I appeal the denial of a CPRA request?

[…] laws, the California Public Records Act does not establish any system of administrative appeal, neither within the agency itself nor with any other body of the state government. Rather, the only way formally to challenge a determination that a record is exempt from the Public Records Act is to file a lawsuit. Cal. Govt. […]

May 15, 2012
Asked and Answered

Brown Act

Is a school board retreat required to be open to the public?

[…] a gathering would seem to fall directly in the definition of "meeting." 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.

July 16, 2013
Asked and Answered

CPRA Police Records

Denied records of homicide investigation

[…] Act on the First Amendment Coalition web site at http://firstamendmentcoalition.org/category/resources/access-to-records/. 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.

December 23, 2011
Asked and Answered

CPRA School Records

Accessing a school district’s settlement agreements

[…] I should also mention that when no specific exemption applies, agencies often attempt to withhold records from public disclosure by citing 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 […]

January 20, 2012
Asked and Answered

CPRA

Can City withhold information until it tells City Council members?

[…] Act, there are two methods by which members of the public can request and access records. First, a requester can request to inspect records in person by invoking Government Code § 6253(a), which provides, "[p]ublic records are open to inspection at all times during the office hours of the state or local agency and every […]

August 29, 2016