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Showing 1281 - 1290 of 1793 results

Asked and Answered

CPRA School Records

Cities’ rights and the CPRA

[…] Bridge, Highway and Transportation District Department of Toxic Substances Control Office of Environmental Health Hazard Assessment In addition, section 6253.1 of the Act (section 6253.1 of the Government Code) requires an agency to assist members of the public in formulating their requests. The text of that section is as follows: 6253.1. (a) When a […]

June 14, 2009
Asked and Answered

First Amendment

Can cities discriminate between political and commercial signs on public property?

In public forums, such as sidewalks, streets, train and railway stations, and parks, the 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 to public forums, the government has the right to establish regulations on the […]

June 14, 2009
Asked and Answered

CPRA

Cal Expo Data

As a general matter, information that is generated by a government agency and released to the public should be fair game for the public to use. Some of these issues are being litigated by CFAC in a suit seeking access to certain basemap information from the County of Santa Clara. Information related to this […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Developments on Public Lands

[…] 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. You also have the option of filing an action for injunctive or declaratory relief, instead. This alternative remedy […]

June 14, 2009
Asked and Answered

Brown Act CPRA

City Council editing public meeting videos

[…] the meeting of a legislative body subject to the California’s open meeting law, the Brown Act, then you have a right to inspect the video recording under Government Code section 54953.5(b), which provides: "Any audio or video recording of an open and public meeting made for whatever purpose by or at the direction of […]

July 30, 2015
Asked and Answered

Brown Act

The public is severely limited in county meeting participation during the COVID-19 pandemic. Is this a Brown Act violation?

I am writing on behalf of many people in my community who believe that county government is violating the COVID-19 shelter-in-place directives of California Gov. Newsom and the local county Health officer, and the intent of the Brown Act. We seek any help, resources, or pressure you can provide to remedy the problem, as […]

July 23, 2020
Asked and Answered

Brown Act

What recourse do individuals with disabilities have to access land use proposals during COVID-19?

[…] consistent with the Americans with Disabilities act and resolving any doubt whatsoever in favor of accessibility." These executive orders do not specifically mention the provisions in the Government Code related to public hearings for land use proposals, but they are worded so as to apply to public meetings generally. As such, you may wish […]

July 24, 2020
Asked and Answered

Brown Act

Do I Have a Right to Remain Anonymous During Public Meetings Held on Zoom During the Pandemic?

I've attended some meetings of a local government in California recently and they've started using Zoom to conduct the meetings because of the local COVID-19 public health orders. I've set up my Zoom sign-on to identify me as "John Q. Public," which as you can probably guess isn't my real name. But they do […]

August 7, 2020
Asked and Answered

Brown Act

Is It Legal to Exclude the Public From a Regularly Scheduled Public Meeting?

[…] present. 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.

January 20, 2021
Asked and Answered

CPRA

Is There A ‘Duty of Good Faith’ For Agencies Timely Response to CPRA Requests?

[…] dragging its feet, you might want to remind it of its statutory obligation to, among other things, respond to requests within the time limits set forth in Government Code§6253(c); refrain from "obstructing] the inspection or copying of public records" (Gov’t Code§6253(d)); and "assist the member of the public [to] make a focused and effective […]

December 5, 2018