Access to Records News

Private attorney costs to public agencies and attorney-client privilege Q: Can a County Counsel’s office contract with a private law firm to help litigate a civil lawsuit, and not disclose the amount of the retainer agreement? Is it a confidential communication under the lawyer-client privilege? All I want to know is how much money the county plans to spend hiring an outside law firm. A: The courts that have addressed the issue—primarily federal courts in California—

Requests for applications of public positions Q: I live in a City with a deep history of closed government.The City Clerk has just notified me that I can not review (partially redacted) copies of job applications of the director of the City’s planning department. I will not be allowed to see anything.It is my understanding that CFAC’s stance is that I should be allowed to review such materials. Do you have any suggestions as what

Access to names of applicants to official positions Q: The City Council will soon be considering the applications filed for three openings on two commissions. I am trying to obtain the names of the applicants and I am being met with some resistance. Should I have access to the names? A: The information you are requesting is not expressly exempt fromdisclosure under the California Public Records Act.  There are two casesaddressing comparable situations, however, that

School District agenda packets Q: I have submitted a phone request to my local School District for copies of the Board Packet.  I was refused, stating that “it was not their policy.”  I then sent a Certified Letter citing legal references and demanding the documents.  They are still delaying and refusing. A: If it’s the former, it appears that the School District is violating the Brown Act and the Public Records Act.  The Brown Act