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Asked and Answered

First Amendment

Are Neighborhood Associations protected under the First Amendment?

My City’s Code creates a system of Neighborhood Associations and, above them, a tier of District Coalitions. The NAs and DCs are quasi- governmental bodies supported and funded by the City to assist with neighborhood-level governance and participation in city decision-making; however, they have non-profit status. One of the NA board members is facing litigation […]

April 22, 2016
Asked and Answered

Brown Act CPRA

Board Conducting Public’s Business Via Private Emails

[…] is rooted in what constitutes a "serial meeting," which is prohibited under the Brown Act.The Brown Act "serves to facilitate public participation in all phases of local government decision-making and to curb misuse of the democratic process by secret legislation of public bodies." Epstein v. Hollywood Entertainment Dist. II Business Improvement Dist., 87 Cal.App.4th […]

June 24, 2010
Asked and Answered

CPRA

How do I enforce my right under the CPRA to inspect records?

I have submitted via fax a Public Records Act Request to a California healthcare district hospital that is a local government entity. The district responded to one request on the PRA but not to the request to inspect the Department of Respiratory Therapy Policy and Procedures Manual. (The title of the manual was found […]

June 7, 2017
Asked and Answered

CPRA

How long are routine County surveillance records archived?

[…] retention act, and is therefore silent on this front. There are several other statutes that govern various agencies’ duty to retain records. With respect to City recordings: Government Code section 34090.6 requires: "the head of a department of a city or city and county, after one year, may destroy recordings of routine video monitoring…This […]

May 6, 2016
Asked and Answered

CPRA FOIA

Construction inspectors’ addresses omitted from CPRA response

[…] 1994) 26 F.3d 1479, 1486 (hereafter Painting Industry) [no disclosure of names and addresses on employee payroll when disclosure only marginally useful in uncovering " 'what the government is up to' "]; Voinche, supra, 940 F.Supp. at p. 330 [workings of agencies not better understood by disclosure of identity of employees and private citizens […]

July 18, 2013
Asked and Answered

First Amendment

What to do when a government agency requires a permit and insurance to protest

[…] (until preliminarily enjoined) to prevent plaintiffs' protected activity yet that coverage has never had to be called upon, [the]s insurance requirement appears to be a relatively gratuitous burden, "substantially broader than necessary to achieve the government's interest." ( Ward v. Rock Against Racism, supra, 491 U.S. at p. 800 [105 L.Ed.2d at p. 681].) Id.

June 14, 2009
Asked and Answered

CPRA

What is the CPRA rule regarding retention of emails?

[…] not a records retention act, and is therefore silent on this front. There are several other statutes that govern various agencies’ duty to retain records, such as Government Code § 12275, which governs the destruction of records retained by state agencies (a "record shall not be destroyed or otherwise disposed of by an agency […]

April 1, 2015
Asked and Answered

CPRA

City avoiding disclosure of personal email

[…] 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 […]

January 13, 2012
Asked and Answered

Brown Act CPRA

Park & Rec “advisory committee” keeping its advice secret

[…] Of course, there are numerous exemptions that the parks and rec board might cite in response to a records request, including the Act's "catch-all" exemption, contained in Government Code § 6255(a). This exemption states that in order to justify withholding a record, the agency must show that "on the facts of the particular case […]

August 8, 2011
Asked and Answered

Brown Act

Barring the Media from recording an Open Meeting

[…] inquiry below, the threshold question is whether or not the home owners association you reference is subject to the California open meetings law, the Brown Act. Under Government Code section 54952(c), the governing body of a homeowners association would be subject to the Brown Act under either of two circumstances: 1. The association is […]

June 14, 2009