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  • Asked and Answered

    Brown Act

    Does the CA legislature have an open meeting law?

    […] original bill.  Unfortunately, last minute amendments are a common reality of the legislative process. 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.https://firstamendmentcoalition.org/facs-brown-act-primer/

    December 17, 2014

  • Asked and Answered

    First Amendment

    Can an individual publish a legal notice in a newspaper??

    […] If it is the latter, then a newspaper has no obligation to publish it. 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.

    May 17, 2013

  • Asked and Answered

    Brown Act

    Who is allowed to sit in on closed sessions regarding hiring?

    […] officials' ability to hold closed session meetings pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code. Closed sessions held pursuant to this subdivision shall not include discussion or action on proposed compensation except for a reduction of compensation that results from […]

    December 31, 2010

  • Asked and Answered

    CPRA

    Accessing public records on mental health workers

    […] likely aware, the Public Records Act, Govt Code section 6250 et seq., although generally requiring that the public have access to all records of state and local government, contains numerous exemptions. Among these exemptions is Govt Code section 6254(c) which permits an agency to withhold "personnel, medical and similar files," the disclosure of which […]

    June 11, 2013

  • Asked and Answered

    Brown Act

    When should “anticipated litigation” be agendized?

    […] made public two years later in April 2012. During that time, the only notice on the City Council Agenda was "Significant Exposure to Litigation Pursuant to California Government Code Section 54956.9B) (1 Anticipated Case)" which reoccurred from time to time. Since the IRS already knew about their threat of litigation and since public knowledge of […]

    February 3, 2014

  • Asked and Answered

    CPRA

    Same fees assessed for electronic data as photocopies

    […] agency must be able to demonstrate how it calculated those costs using real data. 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.

    March 23, 2012

  • Asked and Answered

    CPRA

    Fees assessed for electronic data

    […] be able to demonstrate how it calculated those costs using real data. 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.

    January 12, 2012

  • Asked and Answered

    CPRA Newsgathering

    Dental Board of California & the CPRA

    […] California refused my CPRA request for reports of dental complications pursuant to the Business and Professions Code 1680(z)(1-3). The Board maintains that these records are exempt under Government Code Section 6254(f). The Board contends that these reports are exempt because they are complaints or investigations compiled for licensing purposes. I believe the Board is wrong […]

    April 19, 2016

  • Asked and Answered

    CPRA Police Records

    Is law enforcement body camera footage a public record?

    […] which means, presumptively, body camera footage would be subject to disclosure unless some other exemption applies. In California, however, police investigatory records are exempt from disclosure under Government Code § 6254(f).  Thus, to the extent that the requested footage has become part of a police investigation, then it likely would be exempt from disclosure under the […]

    January 19, 2015