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  • Asked and Answered

    Court Records

    How to Access Copies of New York Police Records Destroyed in Fire?

    […] to those records.  You might also want to note that FOIL is based upon a presumption of access. You might find the New York Committee on Open Government’s website helpful.  In addition to providing general information regarding FOIL requests, there are also some advisory opinions that you might find useful. Bryan Cave LLP is […]

    May 28, 2018

  • Asked and Answered

    CPRA

    Does the CPRA allow access to notes from interviews with job candidates?

    […] on this point. As for the deliberative process privilege, this privilege may allow nondisclosure of records revealing the deliberations of agency officials, or information relied upon by government officials in making decisions that they would not otherwise receive if the information were routinely disclosed. This privilege again requires a balancing to demonstrate "that on […]

    September 16, 2013

  • Asked and Answered

    CPRA

    Request for advisory committee’s documents denied

    […] request, then the response should set forth the basis for the denial. Holme Roberts & Owen 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 3, 2011

  • Asked and Answered

    CPRA

    How can copy fees vary from agency to agency?

    […] for the bid results, evaluation results and winning bidders proposal. I received a letter back stating that I had to pay $0.50 per page when I normally pay $0.10 per copy from government agencies. Is this correct? Also, why do most agencies just email it to us at no cost and some say they can’t?

    September 5, 2011

  • Asked and Answered

    Brown Act

    Whistleblower accused of Brown Act Violation

    […] "the member intends to deprive the public of information to which the member knows or has reason to know the public is entitled under the Brown Act." Government Code section 54959.  It sounds like the DA is alleging that you made statements that were procedurally improper – that is, that you spoke when you […]

    May 24, 2018

  • Asked and Answered

    Brown Act

    When are closed sessions legitimized under the Brown Act?

    […] and that are known to a potential plaintiff or plaintiffs, which…shall be publicly stated on the agenda or announced; (3) The receipt of a claim pursuant to the Government Claims Act….or some other written communication from a potential plaintiff threatening litigation…; (4) A statement made by a person in an open and public meeting threatening […]

    March 29, 2016

  • Asked and Answered

    First Amendment

    How can Ebay censor my listing to sell Confederate Flag belt buckles?

    From your inquiry, I understand that you are concerned about eBay restricting what you post for sale on the website.  Generally speaking, because eBay is not a government entity, it can remove content that it feels is inappropriate and does not need your consent to do so. You may want to review e-Bay’s offensive-materials policy, […]

    October 14, 2015

  • Asked and Answered

    CPRA

    How long does the agency have to reply to my records request?

    […] and how that exemption applies. Gov't Code § 6253(c). If an agency refuses to provide records under the Act, the ultimate recourse is filing a lawsuit under Government Code Section 6259. Such lawsuits are typically initiated by a verified petition (i.e., a request filed under oath) that asks the court to issue a writ […]

    January 19, 2012

  • Asked and Answered

    CPRA

    Can a fee be charged for requesting public documents held in storage?

    The city may argue that charges for retrieval are based on the allowance of a "statutory fee" under Government Code § 6253(b).  However, California courts have not ruled on what constitutes a "statutory fee."  It seems obvious that a "statutory fee" must be one set forth in a "statute," that is a law passed by the […]

    June 12, 2014