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Asked and Answered

First Amendment

How can I access records on decisions regarding promotions and tenure at UC?

[…] right to petition. The following general information may be useful for analyzing the question. As you seem to know, the First Amendment protects the right to petition the Government for a redress of grievances. The Supreme Court has "recognized this right to petition as one of ‘the most precious of the liberties safeguarded by the […]

July 3, 2015
Asked and Answered

CPRA

Did Prop. 42 eliminate fees for public records?

[…] Records Act, but strengthens the mandate requiring local governments to comply with the Act. 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.

October 12, 2014
Asked and Answered

CPRA

City Records–what does the CPRA say on security, period of retention, availability?

[…] they were lost. Enough records, were excluded, that there is a larger indication, that the records purposely withheld, than of being lost. As a question: What prevents a government from using the excuse of "lost," in every request for government documents, requested? Unavailable documents, are unavailable, right? For a simple request of accountability for … normal […]

July 20, 2016
Asked and Answered

CPRA

What rules apply to searching DMV database?

[…] may be room to argue about whether a particular hourly charge for copying is reasonable. There is also very little authority interpreting the "statutory fee" alternative of Government Code § 6253(b).The most relevant case would seem to be Shippen v. Department of Motor Vehicles, 161 Cal. App. 3d 1119 (1984), in which the Court […]

December 7, 2010
Asked and Answered

Brown Act First Amendment

Is limiting a school board trustee’s comments legal?

[…] "limited public forums," or areas that traditionally have not been made open to the public, but have become public forums for at least some purposes because the government body that regulates a particular area has made it available for use by the public. The same high standard that applies to public forums -- the […]

March 27, 2010
Asked and Answered

Brown Act First Amendment Newsgathering

When is it okay to videotape a meeting?

[…] by a legislative body that falls within the definition of the Brown Act, then the basic answer to your question is yes, the meeting may be taped. Government Code section 54953.5(a) provides: (a) Any person attending an open and public meeting of a legislative body of a local agency shall have the right to […]

December 5, 2010
Asked and Answered

CPRA

Is all information about public employment tests exempt?

[…] letter, on the First Amendment Coalition web site at http://firstamendmentcoalition.org/category/resources/access-to-records/. Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition 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 29, 2011
Asked and Answered

CPRA

Agency answered cure & correct letter with demonstrable falsehoods

[…] based on either the pending litigation exemption (Gov't Code § 6254(b)) or attorney-client privilege under the Evidence Code, which is incorporated into the Public Records Act by Government Code § 6254(k). With respect to the pending litigation exemption, if, indeed, the bills are related to litigation that the agency is currently involved in, it […]

February 4, 2011
Asked and Answered

CPRA

Was My Public Records Request Denial As “Unduly Burdensome” Justified?

[…] whether disclosure is prohibited by specific laws or prohibited as against sound public policy. As a result, the County objects to producing the records sought based upon Government Code Sections 6254(a) and (k), and possibly additional subsections, and Government Code Section 6255. Additional privileges may apply based on a review of the records." Is […]

February 15, 2018
Asked and Answered

FOIA Social Media

Advice on How to Request An Agency’s “Unlisted” YouTube Videos

[…] The FOIA, 5 U.S.C. § 552, is a federal open records act that provides a mechanism to gain access to public records. The FOIA requires that a government agency produce existing records that are not otherwise exempt. 5 U.S.C. § 552(a)(2). Under FOIA, there are nine categories of documents that are exempt from disclosure. 5 […]

April 6, 2018