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  • Asked and Answered

    Brown Act

    Is it a Brown Act violation to move item from closed to open session?

    […] same effect as discussing the item in closed session –the public is not allowed a meaningful opportunity to participate in the deliberative process. The Brown Act, at Government Code section 54956.9, provides that a local agency may go into closed session in order to "confer with, or receive advice from, its legal counsel regarding […]

    March 13, 2014

  • Asked and Answered

    Newsgathering

    Can CSU lobby for laws that boost their budget?

    […] employees whose activities are supported by federal funds from engaging in partisan political activity). 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.

    December 23, 2012

  • Asked and Answered

    CPRA

    Accessing public employee timesheets

    […] be made public. See International Federation of Processional Engineers v. Superior Court, 42 Cal. 4th 319, 331 ("[t]he 'broadly based and widely accepted community norm' applicable to government employee salary information is public disclosure"). Similarly, the Supreme Court held that records containing the names, employing departments, and hiring and termination dates of California police […]

    August 4, 2011

  • Asked and Answered

    Brown Act CPRA

    A Board member vs. public member rights under PRA

    […] in writing and state any exemptions it is claiming that apply to the records and exactly how they apply.  You may want to highlight that, pursuant to Government Code section 6252.5, your status as a board member does not create an exception to your right to public records. Additionally, should you be required to […]

    March 23, 2016

  • 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