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  • Asked and Answered

    Brown Act

    When can a public Board claim attorney-client privilege?

    […] or discussed at the meeting, including items to be discussed in closed session"), and a second time immediately before the closed session is convened. As stated in Government Code section 54957.7: (a) Prior to holding any closed session, the legislative body of the local agency shall disclose, in an open meeting, the item or […]

    March 25, 2013

  • Asked and Answered

    CPRA

    Documents once public now denied

    […] medical technicians association 3. In paper copies as provided by that group. Since July 26 2010 we have submitted the same records request have been denied under Government Code section 6254(c: "The information that you seek constitutes examination data used to administer a licensing examination. As such, this information is exempt from disclosure under […]

    January 12, 2011

  • Asked and Answered

    CPRA

    Can an agency’s CPRA defense go beyond the exemptions in the initial denial?

    I was recently denied government records based on a single specific exemption to the California Public Records Act. I truly believe these records should be public so I filed a lawsuit myself to compel disclosure. After serving the lawsuit, the head of the agency informed me during a meeting that they may defend the […]

    September 16, 2010

  • Asked and Answered

    CPRA Police Records

    Under CPRA, do I have a right to know who issued a citation?

    […] an agency must show that a provision of the PRA exempts the record from disclosure. The first issue when using the PRA to obtain information from the government is often to identify a record that contains the information you seek. If the name of the issuing officer never appeared on the documents you received, […]

    September 10, 2014

  • Asked and Answered

    CPRA

    Should I be allowed to access a report in draft form?

    […] in the ordinary course of business, if the public interest in withholding those records clearly outweighs the public interest in disclosure." Govt. Code Section 6454(a). Although some government personnel mistakenly believe that any "draft" document is automatically subject to this exemption, reading the text of the statute itself indicates that the exemption only applies […]

    March 29, 2012

  • Asked and Answered

    First Amendment

    Does the First Amendment Protect Against Censorship Public Access TV?

    […] Code Section helpful. 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.  No attorney-client relationship has been formed by way of this response.

    February 13, 2018

  • Asked and Answered

    Newsgathering

    Publishing leaked email

    […] a claim against a newspaper that had reported the confidential fact that a judicial commission had found the plaintiff unqualified for judicial appointment.  Similarly, with respect to government action against the publication of confidential information, the U.S. Supreme Court in 1989 held that in spite of a state statute requiring the government to keep […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Public notice and disclosure of existing litigation

    Our school district has a closed agenda item with the following sentence. Is this allowed?A) EXISTING LITIGATION(Subdivision (a) of Section 54956.9)Pursuant to Government Code Section 54956.9(a) the Board will confer with legal counsel concerning existing litigation; disclosure of the case name might jeopardize current settlement negotiations.How can the public comment on a case without […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Public Availability and Destruction of Temporary or Handwritten Notes

    I'm sorry you are having difficulty with your Public Records Act ("PRA") request.  One provision of the PRA of which you should be aware is Government Code section 6253.1, which provides: 6253.1. (a) When a member of the public requests to inspect a public record or obtain a copy of a public record, the […]

    June 14, 2009