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Asked and Answered

CPRA

How do I challenge the results of a public records act request?

[…] right to accurate records through other statutes, including Code of Civil Procedure section 526a. 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.

February 10, 2017
Asked and Answered

Brown Act

Does Brown Act allow vote to be changed after a meeting adjourns?

[…] the Brown Act. You might also want to let them know that, if necessary, you or some other member of the public could bring judicial enforcement under Government Code 54960.1 to stop this practice by the planning commission. You can learn more about "meetings" and the Brown Act on the FAC’s website here. Bryan […]

July 10, 2017
Asked and Answered

Brown Act

Does the Brown Act apply to city council appointed committees?

[…] created by formal action, but falls under the ad hoc sub-quorum committee exemption, then the committee does not have to adhere to the Brown Act's meeting requirements. Government Code § 54952(b). On the other hand, if the committee is a standing committee, which has "continuing jurisdiction" over a particular subject matter (e.g., budget, finance, […]

August 15, 2015
Asked and Answered

CPRA

Are cast ballots public records?

[…] applies to election ballots. However, there may be other laws, such as those found in either California or federal election statutes, which are incorporated into the CPRA under Government Code § 6254(k), that might prevent disclosure. I quickly searched the California Election Code to see if I could find an express exemption and turned up […]

September 3, 2016
Asked and Answered

CPRA

City Wrongly Applying “Deliberative Process Exemption” To Requested Records

[…] your request for copies of the documents. If the City continues to refuse to disclose the records, your ultimate recourse would be to file a lawsuit under Government Code section 6259. Lawsuits to enforce the CPRA are usually initiated by a verified petition (i.e., a request filed under oath) that asks the court to […]

February 9, 2018
Asked and Answered

Brown Act

School board closed session “under the guise of labor negotiations.”

[…] for which there ends up being no need for discussion at the meeting. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to inquiries, we can give general information regarding open government and freedom of speech issues but cannot provide specific legal advice or representations.

February 20, 2015
Asked and Answered

CPRA

City council candidates’ website URLs have been excluded from the city website

[…] would constitute endorsement, though it is possible that there is some legal basis for this concern.From the perspective of our core expertise -- First Amendment and open government issues -- the question might be whether some legal principle requires the city council to do so.Though a state or local agency would likely be required […]

October 11, 2011
Asked and Answered

Brown Act

Can Police Chief sit on dais at a Police Commission meeting

The Brown Act serves to facilitate public participation in all phases of local government decision-making, 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 Brown Act is invoked if a "legislative body" is involved, and if a majority of […]

January 12, 2016
Asked and Answered

CPRA Police Records

Police refuse to release names of individuals who bought stolen laptop

Unfortunately, the Public Records Act does provide the police with the discretion to withhold witness names under Government Code§ 6254(f). Under the Act, police investigatory records are generally exempt from disclosure, except that certain information is required by to be disclosed by law enforcement agencies regarding a particular incident, e.g., the name and addresses of […]

December 12, 2014
Asked and Answered

CPRA

Is a school caretakers’s security camera subject to CPRA?

[…] are two methods by which you, as a member of the public, can request and access records. First, you can request to inspect records in person by invoking Government Code § 6253(a), which provides, "[p] records are open to inspection at all times during the office hours of the state or local agency and every person […]

September 10, 2016