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Asked and Answered

First Amendment Social Media

Suspended from job for posting negative comment on personal, private Facebook page

The First Amendment acts as a restriction only on the government. It does not restrict the actions of private entities or individuals (except that private individuals and entities may be indirectly limited in that their ability to receive relief from a court will be restricted). Therefore, when a nongovernmental employer takes action against an […]

February 16, 2012
Asked and Answered

CPRA

How does the CPRA deal with emails between elected officials

[…] in electronic or paper form, must be disclosed (unless some exemption applies). If the elected official here was using his personal computer to send emails on his government-issued email account, it probably would not matter on which computer the email was actually generated, since he is still using his government-issued email account to discuss […]

August 21, 2010
Asked and Answered

First Amendment

Are words chosen for tombstone protected speech or can a Public Cemetery District censor them?

[…] the space at issue (in this case, the cemetery), as well as whether the restrictions at issue are content-based or content neutral. As to the "forum" analysis, government property is generally either a public forum, either by tradition or designation (i.e., sidewalks, parks) or a nonpublic forum. In a public forum, conduct is protected […]

October 4, 2011
Asked and Answered

CPRA Police Records

Investigative and disciplinary records pertaining to police officers

[…] that the Act contains an exemption for records of investigations conducted by state or local police agencies, as well as documents in a policy agency's investigatory files.(Cal. Government Code section 6254(f)).In addition, as you may already know, obtaining disciplinary records concerning a police officer is not a simple matter. The Public Records Act provides […]

June 14, 2009
Asked and Answered

CPRA

Destruction of public records

[…] context of discussing exemption of particular records, the PRA expressly recognizes that agencies do not retain records indefinitely.See Cal. Gov't Code section 6254(a).Please be aware that California Government Code section 34090 requires the retention of city records less than two years old.After that time period (and unless the records are required to be kept […]

June 14, 2009
Asked and Answered

CPRA

Unreasonable Fees for Access

[…] the extent the county is charging fees for copies of those records, any fees beyond the costs of duplication and/or any programming fees that may be allowed pursuant to Government Code section 6253.9(b), the limitations set forth in Government Code sections 54985 and 54986 and described in my earlier email would apply. However, to the extent the […]

June 14, 2009
Asked and Answered

Brown Act CPRA First Amendment

Unposted Supporting Documents and Public Comment on those Documents

[…] few criminal prosecutions under the Brown Act, and to date they generally have not been successful. As for civil remedies, there are two options. First, pursuant to Government Code section 54960.1, you may seek to void the action taken at the Board meeting. The requirements for taking such an action require you to seek […]

June 14, 2009
Asked and Answered

Brown Act CPRA

The CPRA, the Brown Act and Retirement Trusts

The Brown Act applies to any "legislative body." Under the first sentence of Government Code section 54952(b), a legislative body includes any "commission, committee, board or other body of a local agency, whether permanent or temporary, decision making or advisory, charged by charter, ordinance, resolution, or formal action of a legislative body." So, if […]

June 14, 2009
Asked and Answered

CPRA

The CPRA, Email Communication, Right to Privacy and Records Regarding One’s Self

[…] have been destroyed, other issues may be involved. Unfortunately, it is not always clear what destruction of records is permissible under California law. Section 34090 of the Government Code provides for the lawful destruction of city records in certain circumstances: Unless otherwise provided by law, with the approval of the legislative body by resolution […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Special District Compliance

Which State Agency and/or which State Department oversees, enforce, and/or investigate Special District compliance with California Government Codes: Mitigation Fees (Sections 66000), Brown Act and Public Records Act?

June 14, 2009