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Asked and Answered

Brown Act

Board member shared confidential information after closed session

[…] to the requirements of this section or otherwise has been given notice of the requirements of this section." Gov’t Code § 54963(d). I invite you to review Government Code section 54963. Whether the board members here violated the Brown Act depends on the extent and type of the information revealed to staff members. For […]

September 9, 2016
Asked and Answered

CPRA

Using Public Records Act to find a school executives’ salaries

[…] may not require that the salary for every single public employee be disclosed. The Court left open the possibility that the privacy interests of a low-paid, low-level government employee might outweigh the public's interest in the information. So, as a general matter, the more significant the employee's duties and the higher the salary the […]

July 19, 2012
Asked and Answered

Brown Act CPRA First Amendment

Parent’s email complaint entered as a public comment by school site council

[…] so that any interested member of the public – including the employee – can participate. 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 3, 2016
Asked and Answered

CPRA Police Records

Are police informant contracts subject to the PRA?

[…] description, since it’s not something that is pertinent to the investigation itself. The police department might also claim some other exemption – for example, 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, […]

April 27, 2016
Asked and Answered

Brown Act CPRA First Amendment

Utility District board member access to agenda information

[…] records permitted by law in the administration of their duties." Gov't Code § 6252.5. 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 30, 2016
Asked and Answered

CPRA

Request for documents on Tax Lien Sale denied. Why?

In making your request for records, Government Code § 6253(b) indicates that you must "reasonably describe an identifiable record or records." The California Public Records Act does not require that the request be made in writing; however, I agree with your intention to do so. For one, a written request creates a record of […]

October 6, 2011
Asked and Answered

CPRA Police Records

Is footage taken by an officer wearing a body-camera a public document?

[…] 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. The Public Records Act defines "public records" as "includ[ing] any writing containing information relating to the conduct of the public's business prepared, owned, […]

June 12, 2014
Asked and Answered

CPRA

How are attorney’s fees calculated in CPRA cases?

First off thank you so much for providing such a boon to transparency in government. I've found an attorney willing to take a CA Public Records Act ("CPRA") case where the would-be defendant won't disclose records that clearly should be or provide an exemption or other concrete reason for not providing the requested documents. […]

July 27, 2010
Asked and Answered

Brown Act

Supervisors multi-tasking during public comment

[…] does not require that any Board member pay attention to those comments. 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.

December 21, 2011
Asked and Answered

Brown Act CPRA

Brown Act violation involving resignations

The Brown Act serves to facilitate public participation in all phases of local government, and to curb misuse of the democratic process by secret legislation of public bodies. Bell v. Vista Unified School Dist., 82 Cal. App. 4th 672 (2000). The president’s reinstatement of himself without Board approval would not violate the Brown Act (pertaining to open […]

April 4, 2016