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  • Asked and Answered

    CPRA Police Records

    Public Record, and 911 Call Logs

    […] California Supreme Court said that, in enacting the California Public Records Act (CPRA), "the state Legislature ... limited the CPRA's exemption for law enforcement investigatory files," in Government Code §  6254(f), "by requiring agencies to disclose specific information derived from the materials in investigatory files rather than the materials, themselves."  Thus, the Court said, […]

    June 14, 2009

  • Asked and Answered

    First Amendment Newsgathering

    Program featuring illegal immigrants

    […] of sources for your series. The First Amendment does not protect journalists from being compelled to testify regarding confidential sources or unpublished information sought by the federal government in a criminal investigation, at least if the information is sought by a federal grand jury. Branzburg v. Hayes, 408 U.S. 665 (1971); In re Grand […]

    June 14, 2009

  • Asked and Answered

    Brown Act CPRA

    Printing by public officials

    […] an Express Mail with return receipt requested.  Or can I type up a letter with attachments, make a copy of same and hand deliver to whatever county government office is appropriate, then ask for a date stamp on my copy. We do not have a lot of money and since most of the county […]

    June 14, 2009

  • Asked and Answered

    First Amendment

    Posting in City Sponsored Spaces

    […] Sidewalks, streets and parks are generally considered to be public forums.  See ACLU v. City of Las Vegas, 333 F. 3d 1092, 1099 (9th Cir. 2003).  "[T]he government must bear an extraordinarily heavy burden to regulate speech in such locales."  Grossman v. City of Portland, 33 F.3d 1200, 1204 (9th Cir. 1995).  With respect […]

    June 14, 2009

  • Asked and Answered

    CPRA Newsgathering Police Records

    Police blotters and the CPRA

    […] California Supreme Court said that, in enacting the California Public Records Act (CPRA), "the  state Legislature ... limited the CPRA's exemption for law enforcement investigatory files," in Government Code §  6254(f), "by requiring agencies to disclose specific information derived from the materials in investigatory files rather than the materials, themselves."  Thus, the Court said, […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Placing items on Agenda and Mayoral Refusal

    […] post an agenda prior to meeting.  Cal. Govt. Code Section 54954.2. However, the Brown Act does not dictate the way in which the agenda must be set.  Government Code Sections 36802 and 36803 provide that "[t]he mayor shall preside at the meetings of the council" and that the mayor may "discuss any matter as […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Personnel Privacy and Public Access to Incident Reports

    Under the California Public Records Act (CPRA), section 6254(f) of the California Government Code, the agency MUST give to the victims of an incident, or their representative, "the names and addresses of persons involved in, or witnesses other than confidential informants to, the incident, the description of any property involved, the date, time and location […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Personnel Files

    […] public's right to know." (Bakersfield City School District v. Superior Court of Kern County, 118 Cal. App. 4th 1041, 1045 (2004)). Also note that with respect to government employee's resumes, in 1982 the Court of Appeal upheld an order that an agency disclose "such portions of [a particular employee's] personnel file as are necessary […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Outside City Lawsuit Settlements

    […] earlier this year about the City's obligation to make the settlement agreement public, under the Public Records Act ("PRA"), records in the possession of state and local government entities are presumed to be public unless one of the PRA's enumerated exemptions to disclosure applies.  See Cal Govt Code Section 6252.  I know of no […]

    June 14, 2009