Asked & Answered

A&A: School district denies all complaint related CPRA requests

Q: According to Title 5, California Code of Regulations, Section 4630: “All parties involved in allegations in a complaint shall be notified when a complaint is filed, when a complaint meeting or hearing is scheduled, and when a decision or ruling is made.” Allegations via the above code were filed against our family by parents [...]

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A&A: Facebook comments deleted from Senator’s page

Q: I am wondering if  it is legal or legitimate for a government official, for example a NYS Senator or U.S. Senator, to block me from commenting on what I presume to be their Facebook page that is managed by them or a government employee on government payroll time? I have had this happen to [...]

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A&A: Can an individual publish a legal notice in a newspaper??

Q: Is there any legal reason why  an individual would not be allowed to place a paid legal notice in a newspaper? The content is to inform the public about a woman being unlawfully tormented and hunted in the judicial system. A: I believe you are asking whether a newspaper that publishes legal notices is [...]

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Press Rights

A&A: Can newspaper publish captured police-scanner audio of gunfight?

Q: We have a recording of police scanner traffic detailing the response to the gunfight between Sheriff’s deputies and Chris Dorner–the ex-LAPD police officer and former United States Navy reservist who was charged in connection with a series of shooting attacks on police officers. We recalled a challenge to being able to post such information [...]

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Public Records: CPRA, FOIA

A&A: Does the CPRA cover CA Energy Commission applicants?

Q: Tricky CPRA question regarding photos taken during a study undertaken by an an applicant for a California Energy Commission license. The company submitted a report, but CEC staff had many questions, and wanted photos, notes, data from the study, and to speak with the biologist who conducted it; staff requested a subpoena for the [...]

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A&A: When is a non-profit board subject to the Brown Act?

Q: I am Chief of Staff at a hospital that is part of a nationwide health care service, and an ex officio member of the hospital Board. Hospital executives have twice dismissed me from the Board room while they conducted official business in my absence. (I am the only Board member not appointed by the [...]

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A&A: Redevelopment Agency becomes “private corporation” not covered by Brown Act?

Q: Two years, ago, our city manager created a private, non-profit corporation in an effort to replace the city’s soon-to-be defunct redevelopment agency. The CEO is an Asst. City Manager and the Board of Directors are comprised of former city council members and other on various city commissions, etc. Plus, the RCDC uses city planning [...]

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A&A: Can criminal background checks on county candidates be kept confidential?

Q: The County Board of Supervisors announced it will conduct a criminal and financial background check on the individual it selects to fill an open elected position for the clerk-recorder/registrar of voters. The county manager and county counsel say the results of these checks will not be public documents pursuant to the penal code which [...]

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A&A: Accessing reports on police officer involved shooting

Q: For the last few weeks, I’ve been investigating an officer-involved shooting:  Needless to say, there are ton of issues involved here, but I keep running into walls finding documents because of the Peace Officer’s Bill of Rights here in Calif.  I wondered if you could give me a call for a few minutes and [...]

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A&A: Rules for noticing city council study session

Q: City Council posted a notice for a Special Meeting (Study Session). Then during the “meeting” it was referred to as a workshop and there was no record of the meeting kept. Study sessions have audios and council meetings are televised. Additionally, there is a pdf that lists the “consensus” of the council regarding chartering [...]

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