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Showing 1091 - 1100 of 1793 results

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
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