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I am not aware of any changes in the law that would allow the City Council to refuse to comply with the requirements of the Brown Act. Government Code § 54954.2(a)(2) continues to prohibit agencies from voting on or even discussing an issue that is not on the agenda for a regular meeting ("No action or […]

[…] the agency will be required to pay your attorney’s fees. Gov't Code § 6259(d). 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.

[…] requester shall execute a declaration to that effect under penalty of perjury. This paragraph shall not be construed to prohibit or limit a scholarly, journalistic, political, or government use of address information obtained pursuant to this paragraph. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries.  […]

[…] letter can be found on the FAC website at https://firstamendmentcoalition.org/brown-act/frequently-asked-questions-about-the-brown-act/template-for-brown-act-complaint/. Holme Roberts & Owen 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.

The Freedom of Information Act requires that a government agency produce existing records that are not otherwise exempt.  5 U.S.C. § 552(a)(2).  The FOIA applies to existing documents, but nothing in the act requires that an agency produce or compile new records for the benefit of the requesting party.  If an agency denies an individual’s […]

As you may know, under California's Public Records Act, the public has a presumptive right to inspect and copy government records unless a specific exemption allows the government to withhold a particular record.  The Act does contain a "catch-all" provision, however, providing that an "agency shall justify withholding any record by demonstrating that . […]

[…] 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, […]

[…] 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 […]

[…] 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 […]