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  • Asked and Answered

    First Amendment

    Can Home Owners’ Association Prohibit Political Signage?

    […] situation. 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.

    January 19, 2021

  • Asked and Answered

    CPRA

    Response times to CPRA requests

    […] the state's Public Record Act ("PRA"), there is a difference between inspection of public records and a written PRA request for a copy of those records. Per Government Code section 6253, public records "are open to inspection at all times during the office hours" of the governmental entity that has the records. Per Government […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    City Council disbursed funds without allowing comment by groups they shortchanged

    […] "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 […]

    February 15, 2012

  • Asked and Answered

    CPRA

    DMV denied request for records previously accessed. What should I do next?

    […] and confidential. Reasons listed for the denial: Gov. Code 6254, subdivision (k), as that section interacts with Evidence Code section 1040 (privileged official information), (2) pursuant to Government Code section 6254, subdivision (f), as intelligence or security information for licensing purposes, and (3) pursuant to Government Code section 6253.9 as information that would compromise […]

    August 19, 2010

  • Asked and Answered

    CPRA

    What rules must agencies follow when redacting public documents?

    […] agency must or chooses to redact some information from the responsive record(s)? If the public must pay a fee for simply accessing and viewing records, may county governments charge more than the direct cost of reproducing the records? (Following that, and along the lines of [1], since search and retrieval costs are not allowed, […]

    March 21, 2012

  • Asked and Answered

    CPRA

    Fire Department employee names

    As a general rule, the names of public employees are a matter of public record and subject to disclosure under the California Public Records Act, Government Code sections 6250-6259.But there are exemptions to the PRA's presumption of public access.One is for private information contained in personnel records (Government Code section 6254(c)), and another (in […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Emails as public records

    E-mails are "public records" as defined by the California Public Records Act. Government Code section 6252(e) defines "public records" as follows:"Public records" includes any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. "Public records" […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Destroying public records under the CPRA

    Under what circumstances can government agencies (i.e., a city government) destroy records? I see requests to destroy records from time to time on City Council agendas and this piqued my interest. One recent item stated that said records were "at least two years old" and ready to be destroyed. That seems odd but I […]

    June 14, 2009

  • Asked and Answered

    Brown Act CPRA

    Request denied for fire district celebration guest list

    […] attendants and participants, including individual responses from invitees and preliminary rosters of potential attendants." 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.

    August 16, 2013