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  • Asked and Answered

    CPRA

    Are There National Security Exemptions Under CPRA?

    I am a policy advocate working on a bill that would strengthen the California Public Records Act as it relates to government contracts and tax incentive programs. Recently, we have heard that there are concerns around national security when it comes to this bill. Thus, my question is--are there any existing national security protections […]

    September 15, 2021

  • Asked and Answered

    CPRA

    Can a records request be denied in California over fear of the public being misinformed?

    […] to which it is legally entitled, but it seems difficult to square that argument with the CPRA’s overarching purpose of providing prompt public access to any non-exempt government records to anyone who requests them.SeeCal. Gov. Code § 6253(a) ("Public records are open to inspection at all times during the office hours of the state […]

    September 23, 2020

  • Asked and Answered

    CPRA

    Are a Water Utility’s Shut-Off Statistics Public Records in California?

    […] are utility customers of local agencies contained in public records, such as name, address, and telephone number. Exceptions are made for authorized family members, police, courts, official government business, and where the utility determines that the public interest in disclosure clearly outweighs the public interest in nondisclosure." That said, it may still be worthwhile […]

    May 14, 2020

  • Asked and Answered

    CPRA

    If A Lawyer Sends A Threatening Letter to A City Attorney Marked “Confidential” Is It?

    […] would agree with your assessment that marking a letter between lawyers as "confidential" does not justify exemption under the Public Records Act. Although the PRA exempts, via Government Code 6254(k), certain privileged communications, e.g., those protected by the attorney-client privilege per Evidence Code§§ 954, 955, and work product, as protected under Civil Procedure Code […]

    November 5, 2018

  • Asked and Answered

    Brown Act

    Did City Violate Brown Act With This Switch of issue Decided During Closed Session?

    It does seem that the legislative body here may have overstepped boundaries in using a closed session where it was purportedly discussing pending litigation, as permitted under Government Code 54956.9, to formulate a statement with respect to its earlier vote. The purpose of this exception to the Brown Act is to permit the legislative […]

    November 29, 2018

  • Asked and Answered

    First Amendment

    My Request to Video a CA Parole Hearing Was Denied. What Are My rights?

    […] system. 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.

    April 17, 2019

  • Asked and Answered

    FOIA

    Need Assistance Using FOIA To Request My FISA File

    […] find helpful. FOIA, 5 U.S.C. § 552, is a federal open records act that provides a mechanism to gain access to public records. FOIA requires that a government agency produce existing records that are not otherwise exempt. 5 U.S.C. §552(a)(2). Under FOIA, there are nine categories of documents that are exempt from disclosure. 5 […]

    April 6, 2020

  • Asked and Answered

    Brown Act

    COVID-19 Prohibition On Public Gatherings Prevented Me From Speaking to the Public

    […] Act. 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