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Asked and Answered

CPRA School Records

PRA Response Says Records Were Not Found, But I Know They Exist. How to respond?

[…] there is evidence that this correspondence does exist, and the campus newspaper has copies of this correspondence, you might want to let the university know that under Government Code § 6254.5, "if a state or local agency discloses a public record that is otherwise exempt from this chapter, to a member of the public, […]

May 6, 2019
Asked and Answered

Brown Act

Is there a Posting Date Requirement for Minutes of Public Agency Meetings?

[…] here. 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 Police Records

Police Denied My Request For An Incident Report

[…] you might want to write back and press them to justify their withholding. That said, it is likely the police here are withholding the report pursuant to Government Code § 6254(f), which exempts "[r]records of complaints to, or investigations conducted by, or records of intelligence information or security procedures…or security files compiled by any other state […]

January 4, 2020
Asked and Answered

Brown Act First Amendment

Stripped of First Amendment Rights By City Council

[…] you. 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.

December 4, 2018
Asked and Answered

Police Records

Police Department in New Jersey Won’t Release Report on a Family Member’s Death

New Jersey’s Open Public Records Act provides that " government records shall be readily accessible for inspection, copying, or examination by the citizens of this State, with certain exceptions, for the protection of the public interest, and any limitations on the right of access … shall be construed in favor of the public’s right […]

August 22, 2020
Asked and Answered

Social Media

University Facebook Group Admin Threatened with Defamation Lawsuit

[…] options. 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 16, 2019
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