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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
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

Brown Act

Does the Brown Act address how long a board member can be absent from meetings?

The Brown Act, at Government Code section 54953(b), provides that local agencies may use teleconferencing to conduct a meeting and provides the specific rules for so doing: (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative […]

May 16, 2012
Asked and Answered

CPRA Police Records

Criminal case files and the Public Records Act

[…] a general description of any injuries, property, or weapons involved." Gov't Code § 6254(f). 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.

July 19, 2012
Asked and Answered

CPRA

Is it legal to charge fees for viewing a transcript?

[…] attorneys' fees are available should you be required to take court action. 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.

October 21, 2011
Asked and Answered

CPRA Police Records

Is crime victim entitled to see investigation records?

[…] Assistance Request Form at http://firstamendmentcoalition.org/legal-hotline/lawyers-assistance-request-form/. 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. Access to records Lawyer's Assistance Request Form

October 26, 2010