Search Results

Showing 1181 - 1190 of 1793 results

Asked and Answered

CPRA

Is A Public Agency Required to Disclose Names of Board Member Applicants?

[…] California. 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. No attorney-client relationship has been formed by way of this response.

February 23, 2018
Asked and Answered

First Amendment

Can ballot arguments be selected based on political content?

[…] forum, reasonable time, place, and manner regulations are permissible, but restrictions must be "content neutral" (as opposed to "content based") and narrowly tailored to serve a significant government interest. Any restrictions must also allow ample alternative channels of communication. Perry Educ. Ass’n. v. Perry Local Educators Ass’n,, 460 U.S. 37, 45 (1983). Content-neutral restrictions are […]

November 10, 2016
Asked and Answered

CPRA

is there a deadline for filing suit over denial of requested records?

[…] consider filing a lawsuit sooner rather than later so as to avoid any claim by the agency that the lawsuit was untimely and therefore should be dismissed. Government Code Section 6259 allows you to file a lawsuit. Lawsuits to enforce the PRA are usually initiated by a verified petition (i.e. a request filed under […]

June 5, 2017
Asked and Answered

CPRA School Records

Public Records Act Request Denied Due to Inability to Redact “Deliberative Material”

[…] then Governor Deukmejian, and has since been applied in many other contexts, including records of phone calls by city council members, and records regarding applications to the Government for appointment to fill vacancies on county boards of supervisors. According to the Supreme Court, "the key question in every case is whether disclosure of the […]

February 20, 2018
Asked and Answered

Bagley-Keene Act Brown Act

What is the Brown Act statute of limitations?

The Brown Act at Government code section 54960.1 requires that for any legal action that seeks to nullify an agency decision because of a Brown Act violation, that the "cure or correct" demand regarding the violation be made within 90 days from the date the action was taken. The only exception cited is if […]

February 3, 2012
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