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  • Asked and Answered

    CPRA

    Are school district’s attorney fees public records?

    […] "embodies a strong policy in favor of disclosure of public records."  Bernardi v. County of Monterey (2008) 167 Cal.App.4th 1379, 1392–1393.  Ultimately, the burden is on the government agency claiming an exemption to show that an exemption applies.  Additionally any exemptions could likely be overcome by having confidential portions of the invoices blacked out or […]

    April 15, 2015

  • Asked and Answered

    First Amendment School Records

    First Amendment rights on college campuses

    The First Amendment generally applies only to restrictions on speech by government actors; accordingly, the following analysis applies only to public schools, not private institutions. Campus speech involves all sorts of interesting issues, some of which have been addressed by the Supreme Court, and others that have not. In cases involving speech at public high […]

    March 21, 2016

  • Asked and Answered

    CPRA

    CPRA not denied, but never produced by agency

    […] letter, at the First Amendment Coalition website at https://firstamendmentcoalition.org/category/resources/access-to-records/. Holme Roberts & Owen 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. Access to Records

    February 2, 2011

  • Asked and Answered

    Court Records CPRA

    How Do I Submit CPRA Requests to a CA County Court?

    […] 10.500. Bryan Cave Leighton Paisner 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. No attorney-client relationship has been formed by way of this response.

    June 15, 2018

  • Asked and Answered

    CPRA

    Withholding of Juveniles’ Names in Police Records

    […] by other laws including, but not limited to, Section 841.5 of the Penal Code, Section 11167 et seq. of the Penal Code, and Section 6254 of the Government Code."  None of these restrict release of the name of a deceased minor victim -- 841.5 prohibits release of a victim's or witnesses' address to a […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Videotaped of open meeting and reproduction

    The Brown Act, in Government Code section 54953.5, only requires that the board make the tape available for "inspection" in its offices without charge on a tape recorded provided by the board.  It does not say anything about obtaining a copy of the tape. However, the section also says that the tape shall be […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    University of California Press

    […] of decisions taken 40 years ago, or even 10 years ago.  If the records still exist, any formal minutes may be public records subject to disclosure under Government Code section 6250 et seq.  However, any notes or memos that are not normally retained in the ordinary course of business would be exempt from disclosure, […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Posting agendas and notification of action in special/closed sessions

    […] or (2) simply sue to have a court declare that the board violated the Brown Act and enjoin it from doing so in the future.  See California Government Code sections 54960, 54960.1.  Please note that "any interested person" can pursue these remedies. If you take the former course in an effort to obtain a […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Open meeting law and homeowners associations

    With respect to the website, agenda notices need only be posted in some place "freely accessible to members of the public" under Government Code section 54954.2.  There is no requirement that this location be the PML website. However, based on your description, it sounds like the agenda may not have provided adequate notice.  The […]

    June 14, 2009