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  • Pages

    Latest News

    FAC News: Get free speech updates from the First Amendment Coalition. Stay informed on press freedom and government transparency.

    June 12, 2024

  • Asked and Answered

    CPRA

    DNA records

    […] directly, using the forms on the CFAC website. It is quite possible that the Sheriff's Office will assert that the records are exempt from disclosure pursuant to Government Code section 6254 (f), which deals with investigations by law enforcement. Unfortunately, there are cases that say that investigating agencies can withhold documents even when an […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Describing a closed session

    Government Code section 54954.2(a) provides that at least 72 hours prior to a regular meeting, the body must post an agenda containing a brief general description of each item to be discussed or transacted at the meeting, including items to be discussed in closed session. A "brief general description," as the term indicates, […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Dealing with a cure and correct notice in a closed session

    Government Code Section 54957 provides that boards may hold closed meetings to "consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session."  (Full text of Section 54957 […]

    June 14, 2009

  • Asked and Answered

    CPRA

    CPRA request response time

    […] the University Counsel, describing your original request, explaining that the school is in violation of the PRA, and perhaps directing his attention to Section 6259(d) of the Government Code, which provides that "[t]he court shall award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Corporate Licenses

    […] retains copies of corporate licenses.  If for some reason the Secretary of State doesn't maintain corporate licenses, they can probably point you to another state or local government office that maintains such licenses. Certain information is available on the Secretary of State's website (see link below); other information can be obtained by making an […]

    June 14, 2009

  • Asked and Answered

    Newsgathering

    Copyrights and Mugshots

    All photographs are protected by copyright except photographs created by the US government.  So, technically, mugshots from local law enforcement are copyrighted. In addition, the competitor has a copyright in its website.  Taking content from the competitor's website could be copyright infringement. Finally, there is a doctrine of "hot news misappropriation," under which taking […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Confidentiality of CPRA requests

    […] Act request itself is a public record because it is a "writing containing information relating to the conduct of the public's business" within the meaning of California Government Code section 6252. Therefore, responses to Public Records Act requests are not confidential. That being said, it seems unusual for a county to mail a response […]

    June 14, 2009