Search Results

Showing 1191 - 1200 of 1793 results

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
Asked and Answered

First Amendment

Threatened with Libel Suit for Email I Wrote Discussing Candidates

[…] to her lawyer. Current officials/candidates were coerced to condemn and shame me. I feel my First Amendment rights were abridged when she used her public influence and government officials to silence and condemn me. I have no form of social media. I don't know how my email was intercepted. I feel I should have […]

February 16, 2018
Asked and Answered

CPRA

Required to pay research fee for building permit search

[…] sorry that we will not be able to help you with that particular questions. 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 5, 2012
Asked and Answered

First Amendment

Do we have the right to exercise 1st Amendment rights on shopping mall properties?

Unfortunately, there is no simple answer to your question. Generally, the First Amendment applies only to government actors, and since shopping centers are often privately owned, many of the broad First Amendment rights associated with public spaces such as parks and public sidewalks do not necessarily apply. That said, there are situations where First Amendment […]

May 31, 2016
Asked and Answered

Brown Act

Brown Act and statute of limitations

[…] the legislative body fails to correct the action within the requisite time period, you must file the lawsuit within 15 days. Please see the provisions of California Government Code 54960.1 regarding the particulars of the timeline.Alternatively, you can seek an injunction/declaration for the purpose of stopping or preventing violations or threatened violations under California […]

June 14, 2009
Asked and Answered

CPRA

CPRA request for animal shelter euthanasia log redact staff members names

[…] you can also respond to the agency with arguments of your own. My guess is that the agency may be claiming the so-called "catch-all" exemption, found in Government Code section 6255. This exemption requires a strong showing that on the facts of the particular case, the public interest in withholding the record from public view […]

December 12, 2015