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Asked and Answered

CPRA

Documents relating to employment

Access to the records of local government agencies in California is governed by the California Public Records Act, Government Code sections 6250 et seq.Unless the agency involved is a federal agency, the federal Freedom of Information Act does not apply.There is no express exemption from disclosure for a record constituting a communication regarding the […]

June 14, 2009
Asked and Answered

First Amendment

Can my city require six days notice for a permit to picket or is that prior restraint?

[…] Francisco, 952 F.2d 1059, 1065 (9th Cir. 1991) (quoting Frisby v. Schulz, 108 S. Ct. 2495, 2499 (1988).This means that when public streets are at issue, "the government's authority to restrict speech is at a minimum."Gaudiya, 952 F.2d at 1065. In order to restrict speech in a public forum, the restrictions must be content-neutral […]

October 7, 2011
Asked and Answered

CPRA

Can I access emails of city employees using personal emails for city business?

[…] public officials using private email accounts and mobile phones to conduct the public's business seems to be becoming a pervasive problem. It would seem that if a government official uses a personal email account to send messages relating to the conduct of the public's business, a strong argument could be made that those messages […]

November 17, 2011
Asked and Answered

Brown Act

Did email exchange between committee members violate Brown Act?

[…] Brown Act is violated when "a series of communications of any kind, directly or through intermediaries," is used by a majority of the members of a local government agency to "discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body." Gov. Code section 54952.2(b)(1). […]

March 16, 2015
Asked and Answered

First Amendment

In Texas, town hall meeting nixed videotaping

[…] this chapter."Tex. Gov't Code § 551.002.A "governmental body" is defined as: (A) a board, commission, department, committee, or agency within the executive or legislative branch of state government that is directed by one or more elected or appointed members; (B) a county commissioners court in the state; (C) a municipal governing body in the […]

August 1, 2011
Asked and Answered

CPRA FOIA Police Records

Sheriff’s office won’t release names of inmates held on immigration charges

[…] clerk: Dear Ms...... The Sheriff's Office believes that the names of jail inmates are protected from disclosure under the California Public Records Act as security records under Government Code Section 6254(f). In addition, disclosure of local summary criminal history information is prohibited pursuant to Penal Code Section 13300 (violation is a misdemeanor per Penal […]

August 26, 2011
Asked and Answered

CPRA

What penalties have local governments faced for violating the CPRA?

I'm developing program to teach our office staff how to handle PRAs, and am looking for some examples of local governments, preferably in California, that have been penalized for not abiding by the terms of the law. Is a lawsuit the only way to remedy it? Can you share any examples?

September 16, 2015
Asked and Answered

CPRA Police Records

Access to records in workers’ comp issue

[…] radio, phone, and cab logs based on the following letter: We have received your California Public Records Act request, these files are exempt from disclosure pursuant to Government Code 6254. However, you can contact the local law enforcement agencies to request what is releasable to you under the California Public Records Act. I don't […]

April 5, 2016
Asked and Answered

CPRA

Does a councilmember use of personal email address mean all messages are exempt?

[…] has addressed the issue since. Tracy Press does not provide an answer to the "novel and important issue" of "whether personal e-mails sent without using the [ government] resources but discussing [government] business are 'public records.'" Id. A California court deciding the issue should be working from the general body of law applying the […]

November 22, 2011
Asked and Answered

First Amendment

City Denies Critics Access To Information?

[…] court decided that the restraining order was permissible because it allowed the individual to contact the agencies in writing (or in person at the invitation of a government employee).The court, which had noted that the individual had repeatedly caused disturbances at the offices of various government agencies, said: In analyzing [the individual's] constitutional argument, […]

May 29, 2010