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Showing 451 - 460 of 1793 results

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
Asked and Answered

CPRA

Why did one county deny a PRA request that most others quickly fulfill?

[…] from local business’s in the area. Here is what I sent: 5/21/2013 RE: Public Records Request Dear City Clerk, Pursuant to the California Public Records Act ( Government Code Section 6250 et seq.), I hereby formally request to obtain a copy the following, which I understand to be held by your agency: All Backflow […]

July 25, 2013
Asked and Answered

Brown Act Newsgathering

Community Association claims parks are private; city says they’re public

[…] Improvement Dist., 87 Cal. App. 4th 862 (2001). I hope this information is helpful. Bryan Cave 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.

July 17, 2013
Asked and Answered

Brown Act First Amendment

Board retailiating against former colleague who called them on Brown Act violations

[…] about insurance, until finally I received notice that I would no longer have access to my hanger although the rent was always paid in full and on time. Who helps citizens in my situation? Any gov agency? Legal group? I can’t afford to hire an atty to fight a government agency with unlimited funds. Thanks

August 21, 2011
Asked and Answered

Brown Act CPRA

Access to City Manager’s compensation denied

[…] made public. See International Federation of Professional Engineers v. Superior Court, 42 Cal. 4th 319, 331 (2007) ("[t]he 'broadly based and widely accepted community norm[]' applicable to government employee salary information is public disclosure"). Although there is an exemption for "personnel" records under the Act that public agencies routinely invoke when they believe a […]

July 28, 2011
Asked and Answered

First Amendment

Do US firms working abroad uphold the First Amendment?

[…] restrictions on governmental entities.Sometimes the actions of private entities can implicate individuals' First Amendment rights, but it is a bit unusual to speak in terms of the government prosecuting corporate First Amendment offenders. Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition hotline inquiries. […]

October 12, 2010
Asked and Answered

Newsgathering

Can police videotape me in my home without consent?

[…] (a) (full text below). The term "person" in the statute is defined to include "an individual acting or purporting to act for or on behalf of any government or subdivision thereof," which would seem to include law enforcement personnel. Penal Code § 632 (b). Note, however, that there are a number of carve-outs related […]

December 2, 2011
Asked and Answered

Newsgathering

Can police use hidden cameras to videotape the public without consent?

[…] (full text below in italics).The term "person" in the statute is defined to include "an individual acting or purporting to act for or on behalf of any government or subdivision thereof," which would seem to include law enforcement personnel.Penal Code § 632 (b). Note, however, that there are a number of carve-outs related to […]

October 26, 2011