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Asked and Answered

First Amendment

Ok for court reporter to transcribe mayor’s speech at private-sector event?

[…] meeting, or at the very least, prohibited from transcribing comments. However, there may be other circumstances that I am not aware of that suggest some sort of government sponsorship of this meeting that would require that a higher standard be met in order for transcription equipment to be excluded from the meeting. Even then, […]

September 14, 2016
Asked and Answered

First Amendment Newsgathering

City Won’t Add Us to E-mail List

This is a tricky issue. Once a government agency decides to release information or an official has chosen to speak to members of the media, it may be unconstitutional to exclude selected news organization or individual journalists from receiving the same information. In addition, differences in the manner in which the information is provided […]

February 8, 2018
Asked and Answered

Brown Act

How can I stop city from violating Brown Act during budget meetings?

[…] action to enforce the Brown Act may be entitled to recover attorneys’ fees. The details of this enforcement procedure are set out in Section 54960.1(a) of the Government Code. Again, it is not necessary that an attorney file any court action, although if you reach this stage with the agency, you may want to […]

November 14, 2014
Asked and Answered

CPRA

CPRA request denied for city employee’s college grades

[…] Act (FERPA), 20 USC section 1232g; 34 CFR Part 99, is a federal law that sharply limits the ability of educational institutions receiving funds form the federal government -- which is essentially all public and private educational institutions in the country -- from releasing student academic records without the consent of the adult student […]

June 7, 2013
Asked and Answered

CPRA

My CPRA request was denied due to “attorney-client privilege”

[…] the California Public Records Act (CPRA) is to increase freedom of information by providing access to information in the possession of public agencies. To implement this policy, Government Code section 6253, subdivision (a) provides all persons with the right to inspect any public record maintained by state or local agencies, subject to various enumerated […]

September 14, 2015
Asked and Answered

Brown Act First Amendment

School board changed public comments without notice

[…] "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 30, 2010
Asked and Answered

Brown Act

Does Brown Act allow School District, City to negotiate millions in fees in closed session?

[…] to nullify the vote, and if successful, you may be entitled to attorneys’ fees. The details of this enforcement procedure are set out in § 54960.1(a) of the Government Code. Another mode of enforcement provided for in the Government Code is to seek a judicial determination that a particular act by the agency violated the […]

November 25, 2015
Asked and Answered

CPRA

Can I request public staff time cards?

[…] be made public. See International Federation of Processional Engineers v. Superior Court, 42 Cal. 4th 319, 331 ("[t]he 'broadly based and widely accepted community norm[]' applicable to government employee salary information is public disclosure"). Likewise, the California Court of Appeal has held that "information as to the education, training, experience, awards, previous positions and […]

September 26, 2011
Asked and Answered

Brown Act

Teacher terminated after closed session

[…] illustrates, an agenda that said simply "Public Employee Dismissal" would have provided adequate public notice of a closed session at which the Council would consider Moreno's dismissal."Id. Government Code § 54954.5(e) Considered together with Moreno, it is indicated that agenda items must be worded to give the public notice that a specific topic will […]

October 20, 2011
Asked and Answered

First Amendment

Fee to place political campaign signs

[…] communicate their political positions. See City of Ladue v. Gilleo, 512 U.S. 43 (1994). 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.

January 9, 2013