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Asked and Answered

CPRA

Can cities withhold public access to calendars?

[…] catch-all exemption, and has not fully explained how that exemption applies to the records that you seek, which I understand includes calendars. Specifically, the exemption found in Government Code § 6255 states that a record may be withheld if non-disclosure greater serves the public interest. Importantly, the "public interests" in disclosure and non-disclosure are […]

March 18, 2016
Asked and Answered

CPRA

Can An Agency Provide Requested Records But Deem Them “Confidential”?

Is it legal for a government attorney to mark a PRA response as being "Confidential"? Confidential is followed by "Note: This media is intended to be viewed by certain individuals. It may contain information that is privileged or protected from disclosure by law. If you are not the intended recipient, any action in reliance […]

February 5, 2018
Asked and Answered

CPRA

When Does Copyright Apply to Public Records?

[…] which would seem to be a relevant consideration under California’s Public Records Act. Another conceptual approach to dealing with copyright in public records might be that the government’s copying (or allowing a member to copy) public records to comply with the PRA is a fair use under copyright law, but that the requester’s use […]

May 23, 2018
Asked and Answered

First Amendment Newsgathering Social Media

Are there legal actions to protect community newspaper against harassment, threats?

I am sorry to hear you are having such trouble distributing your newspaper. Serious First Amendment concerns are raised where a government entity – or an individual acting on behalf of the government – takes action to silence the media. It is unclear whether this teacher is acting on her own, or acting on […]

June 11, 2014
Asked and Answered

Brown Act

Can employment negotiations be held in closed session?

I submitted your Brown Act template regarding a closed meeting. The city attorney response was that it was ok to meet secretly to discuss other terms and conditions of employment with representatives of ".. .recognized employment organizations . . ." Government Code Section 3505. Please clarify.

August 1, 2011
Asked and Answered

CPRA School Records

What’s meant by “electronic form” documents under the CPRA?

[…] included in a non-electronic version in order for it to be sufficient for your needs. You might consider pointing the school district to Section 6253.9 of the Government Code and ask that the report be given to you in electronic form, specifically on a CD, for which you would pay the direct cost of […]

August 5, 2011
Asked and Answered

CPRA

Costs soar for City Council meeting DVDs

[…] ask the city council how it determined its rate for copying DVDs. Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to the inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.

September 5, 2011
Asked and Answered

CPRA

Councilman asks intern on date via city issued cell

[…] not disclosing the record clearly outweighs the public interest served by disclosure of the record. Gov't Code section 6255(a). However, the use of this section by the government requires a "case-by-case balancing process, with the burden of proof on the proponent of nondisclosure to demonstrate a clear overbalance on the side of confidentiality." Michaelis, […]

November 21, 2009
Asked and Answered

CPRA Newsgathering School Records

School denies access to all info about coach fired amid rumors players’ were abused.

[…] lawsuit to enforce disclosure under the Public Records Act. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC inquiries from news reporters and the public. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.

March 9, 2014
Asked and Answered

CPRA

Can a public agency demand research fees on a public records request?

[…] research fees. I sent them a response citing the North County Parents case. They responded back saying that current fees are set by the County of Santa Clara’s Board of Supervisors. They cited Government Code Section 54985 as permitting them to charge this fee. Does this in fact permit them to charge a research fee?

August 22, 2012