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Asked and Answered

Brown Act

Access to agenda attachments

Does a government body subject to the Brown Act also have to provide access to the attachments to agenda items 48 hours before the meeting? If so, do they have to also provide copies of the attachments upon request if the person pays the copying fee? I am referring to attachments that make up […]

June 14, 2009
Asked and Answered

CPRA

Acceptable fees for public records

Under the Public Records Act ("PRA"), the district may only charge a fee "covering direct costs of duplication" (or a statutory fee). Government Code § 6253(b). But the courts have held that the "direct cost" generally does not include search and retrieval time. North County Parents Organization v. Department of Education, 23 Cal. App. […]

June 14, 2009
Asked and Answered

CPRA

911 transcripts

[…] paper and electronic documents collected, owned, or maintained by a state or local agency is a public record for the purposes of the California Public Records Act, Government Code section 6250 et seq., and is available for public inspection and copying unless one of the Act's exemptions applies. If you have not already made […]

June 14, 2009
Asked and Answered

Brown Act

Can the City Council ban non-disruptive clapping by audience members?

[…] Act. See White v. City of Norwalk, 900 F.2d 1421, 1425 (9th Cir. 1990). Courts recognize that in situations such as the one you describe, i.e., a government meeting, "[c]citizens have an enormous first amendment interest in directing speech about public issues to those who govern their city. It is doubtless partly for this […]

April 14, 2015
Asked and Answered

Brown Act

Is it a casual dinner or Brown Act violation?

[…] exactly what transpired, the episode you describe could be a violation 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 […]

November 17, 2009
Asked and Answered

Newsgathering

Rules for Redactions in Florida Public Records

[…] records. Here is a link: You might want to first review this statute to see what it says about exemptions and redactions (see Section 119.07(d), which authorizes government personnel to redact information if the information falls within one of the statute’s recognized exemptions, which begin at section 119.071), as well as enforcement of the […]

June 19, 2018
Asked and Answered

Brown Act

Regulations on public comment

[…] ordinance, resolution or formal action of a legislative body. Generally, this is the case regardless of whether the body is permanent or temporary, advisory or decision-making. However, Government Code section 54952(b) exempts advisory committees that are comprised solely of less than a quorum of the members of the legislative body that created them. This […]

June 14, 2009
Asked and Answered

CPRA School Records

Accessing university’s decision making on promotions and tenure

UCLA is subject to California's open records law, the Public Records Act, Government Code § 6250 et seq. Under the Act, records that are "prepared, owned, used, or retained" by a public agency are presumptively subject to disclosure, unless some exemption applies. Gov't Code § 6252(e). This would include, presumptively, records related to a […]

June 9, 2015
Asked and Answered

Brown Act CPRA

Can we compel our non-profit hospital to share financial information with the community?

[…] is up to the directors to insist that staff provide this information. Bryan Cave 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.

October 21, 2013
Asked and Answered

What can be done about the California Legislature keeping the public out of the Capitol during COVID-19 pandemic?

[…] fruit. Bryan Cave Leighton Paisner 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. No attorney-client relationship has been formed by way of this response.

July 1, 2020