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  • 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

  • Asked and Answered

    CPRA Police Records

    Denied police records because they were not in “searchable format”

    […] a specific arrest date, you may be able to get records through that method. Bryan Cave, LLC 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.

    August 17, 2012

  • Asked and Answered

    CPRA

    Does CA have a public records ombudsman?

    […] is not fulfilling its statutory duties under the Public Records Act.  In situations such as yours, I usually recommend writing back to the agency, reminding it that Government Code § 6253(c) requires a written response within 10 days of receipt of the request (and perhaps noting that this date – January 15 – has already come […]

    February 21, 2015

  • Asked and Answered

    CPRA

    Can I use public records to find out why I was denied unemployment benefits?

    […] no set form or process that must be followed to make a public records request, except that a request must "reasonably describe an identifiable record or records." Government Code § 6253(b). Requests need not even be in writing, although doing so creates a record of when you made your request (in case you decide […]

    June 8, 2012

  • Asked and Answered

    CPRA

    Agency charging $2k for redacting electronic records

    […] on to the requester. However, the answer probably does depend on the specific situation. 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 13, 2012

  • Asked and Answered

    CPRA

    Agency’s proposed fees for producing electronic records–$2,000!

    […] on to the requester. However, the answer probably does depend on the specific situation. 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 28, 2012