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Showing 1091 - 1100 of 1787 results

Asked and Answered

CPRA

School district denies request for annual audit

[…] scrutinizing the process leading to the selection of the winning proposal," such scrutinization can just as effectively take place after the negotiations are completed but before the government agency approves the contract. Michaelis, Montanari & Johnson v. Sup. Ct., 38 Cal. 4th 1065, 1073 (2006). While you may be able to distinguish the facts […]

July 27, 2011
Asked and Answered

Brown Act

Public comments on water rates closed, item still on agenda

[…] the legislative body fails to correct the action within the requisite time period, you must file the lawsuit within 15 days. Please see the provisions of California Government Code 54960.1 regarding the particulars of the timeline. In the alternative, you may consider filing an action for injunctive or declaratory relief. This alternative remedy is […]

November 25, 2009
Asked and Answered

CPRA

Does the CPRA allow use of iPhone to photograph public records?

[…] However, no court of which I am aware has considered the issue. 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.

January 9, 2013
Asked and Answered

First Amendment

Political speech in the workplace

Although the First Amendment limits the restrictions that government employers can place on employee speech, private employers have much greater latitude to restrict employee speech. Both the First Amendment and the free speech right of the California constitution protect against state -- and not private -- action. See Golden Gateway Center v. Golden Gateway […]

June 14, 2009
Asked and Answered

Brown Act First Amendment

Do we have a right to show video of pro tem judge making mockery of a serious safety matter?

[…] of the video without running afoul of the rule against content-based restrictions. 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.

March 26, 2012
Asked and Answered

CPRA

Records retention and PRA

[…] trash bin. You can learn more about the PRA, and find sample letters 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.

April 26, 2016
Asked and Answered

First Amendment

What are the rules regarding free speech and highway signage?

[…] removing the sign. Id. Although these laws impact speech and the highly protected category of political speech it seems likely that a court would find that the government interest in regulating the highways for safety and aesthetic reasons would be sufficient to justify any incidental impingement on speech, particularly given the exception made for […]

October 17, 2013
Asked and Answered

Brown Act

Does the Brown Act allow closed sessions to appoint legal firm?

As you are aware, California Government Code § 54957(b)(1) is a provision of the Brown Act that grants agencies the right to hold closed session meetings to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee. Yet, the California Constitution and a series of case law requires that the […]

January 31, 2012
Asked and Answered

CPRA

CPRA Request being stonewalled by their attorney

[…] the side of the attorney -- with the attorney regarding moving the request forward. 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.

June 12, 2013
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