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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
Asked and Answered

CPRA

Can I access documents from State License Board investigation?

[…] owned, used, or retained by any state or local agency." Govt. Code § 6252(e). Public records are presumed open unless they fall into a statutory exemption under Government Code section 6254. Unfortunately, state or local investigatory files for licensing purposes are generally exempt from disclosure under California’s Public Records Act, and remain exempt even […]

February 23, 2015
Asked and Answered

Social Media

Are Facebook comments protected speech?

[…] law, you might try the local county Bar Association for a referral. Bryan Cave LLP is general counsel to 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.

June 8, 2012
Asked and Answered

Brown Act

Denied right to have job termination discussed in open meeting

[…] an action to enforce the Brown Act may be entitled to recover attorneys' fees.The details of this enforcement procedure are set out in Section 54960.1 of the Government Code. (see http://firstamendmentcoalition.org/brown-act/). Again, it is not necessary that an attorney file any court action, although if you reach this stage with the school board, you […]

August 2, 2011
Asked and Answered

CPRA

Surveillance of email, IP address, and subpoenas

[…] by Third Parties" has some information relevant to your specific question (). 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.

November 7, 2013
Asked and Answered

CPRA School Records

CPRA and “Prompt” Production of Records

[…] v. Dep't of Gen. Servs, the court found an initial production within two weeks of a request was timely. 55 Cal. App. 4th 1340, 1349–51 (1997). However, Government Code section 6253(d) requires, "Nothing in this chapter shall be construed to permit an agency to delay or obstruct the inspection or copying of public records." […]

May 23, 2018