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Q: A county supervisor called 911 to report what he described as an assault with several punches thrown at him. The local police department investigated and determined witnesses saw no punches thrown. After some delay, the city attorney has released the police investigative documents. Thus far, they have refused to release transcripts of the phone [...]
Q: The current City Council Agenda contains the following item: “DISCUSSION AND POTENTIAL ACTION ITEMS. Introduce and Waive the First Reading of One of the Three Ordinances Relating to Establishing Rates for Water Service Fees.” Here is the problem. We are not being allowed to comment about this item at all, even though it has [...]
Q: The city recently entered into an agreement with a developer of a multi-million dollar resort hotel to forgo collecting transit occupancy taxes (TOT) of many million dollars. The city’s financial consultant analyzed the request from the developer and created several reports that were not made available to the public. The reports were presented to [...]
Q: I just requested an incident report from the Fire Department relating to a fire at my property. They wanted to charge me $16 just to view the record, and said that they had been authorized to do so by the City Council. Is this legal? GovC 6253(b) authorizes charges “… of fees covering direct [...]
Q: On at least four occasions , I have gone to the Park and Recreation Department to review public records (on site, in the building) during normal business hours and I have been sent away. If at all possible, I would like to file a motion this week to force the department to allow me [...]
Q: I have learned that a city councilman was sending text messages to a city intern, asking her for a date. I would like to file a CPR request for the text messages sent from his city issued Blackberry. I’m sure they (the councilman and the city attorney) would try to argue that such a [...]
Q: Are city-owned and operated surveillance camera recordings of public areas subject to disclosure in accordance with the California Public Records Law?
A: Under the Public Records Act, public records — which include “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any [...]
Q: If 3 out of 5 school board members meet at a restaurant with a teacher or administrator for a few minutes until they noticed that I was also at the restaurant with my wife, have they violated Brown’s Act?
A: Depending on exactly what transpired, the episode you describe could be a violation the [...]
Q: Does the public have the right to inspect jail visitor sign-in logs in California? I’ve been told no, but seen court rulings in other states that lead me to think this may be inaccurate. Thank you!
A: The right to inspect jail visitor sign-in logs would come from California’s Public Records [...]
Q: I have received conflicting information from public records experts and police public information officers on what law enforcement agencies have to release relating to arrest history. So, let me ask you directly, if I submit a request to a police department in California that asks if John Doe, DOB 1/1/60, has ever been arrested [...]
Q: I am freelance journalist taking issue with the fees charged by the California Comptroller’s Office to provide copies of the digital files of lists of abandoned/unclaimed property.
The Comptroller produces well over 1,000 of these discs each month and charges $100 each. Once the computer file is downloaded from his mainframe, the actual cost [...]
Q: We invited city council candidates to our newspaper offices for an editorial endorsement forum. There are three incumbents and one challenger for three seats. We will have me, the editor, and a reporter there to ask the candidates questions about why we should endorse their candidacy. Because there are three candidates currently on the [...]
Q: I have some information and documentation that a school district employee in Administrative Services was dismissed from her job for embezzling at least $2 million in district funds. The employee was allowed to retire with benefits. Without Federal stimulus funds the district would be facing an $11 million deficit this year.
I believe warrants further [...]
Q:Why would our city clerk require city Commissions to move all ad hoc reports and standing committees from agenda items to the announcements portion of the meeting? They are not listed on the agenda unless the ad hoc specifies the exact language of the action/recommendation for our city council. Then it gets more complicated because [...]
Q: My request to the County Tax Collectors’ office for “any handbook, manual or instructions that delineate the process in which your office processes claims for excess proceeds” is almost one month past the day they received the request and have refused to respond. What should I do?
A. It seems that the agency is [...]
Q: Would I be able to access my ex-spouse’s recently filed California welfare application? My belief is the application was falsified regarding residency.
A: The kind of information you are seeking–names and addresses–may fall under the California Public Records Act (”PRA”) privacy exemption. The PRA provides that public records are presumptively open to the public, unless [...]
Q: Is it true that a court can refuse to provide a transcript of a court proceeding to the accused in a case or to the parent of the juvenile accused? What recourse is there to challenge that refusal? If the answer could depend on which state it’s in, where would you start looking to [...]
Protesting on Sidewalks
Q: We arrived at the sidewalk in front of the Fox television offices. We demonstrated for about an hour then I took the bullhorn and stepped onto the private sidewalk that leads up to the front door of the office building. I spoke my piece as FOX security guards surrounded me and [...]
Public Comment on Public Contracts
Q: There is a case (which was cited by one of my City’s Attorneys) wherein negotiation of a public proposal (in my case a city-owned building to be sold and developed by a private developer–AND it is an official state historic resource) does not have to be revealed until the [...]
Banning Anonymous Flyers
Q: The city council is being held under scrutiny for conflicts of interest and corruption by its citizens. 2 city councilmembers are up for re-election in Nov’08. City is now (4-22-08) trying to pass an ordinance that will ban anonymous flyers, and stifle any compitition to current incumbants.
A: The Supreme Court has [...]
Posting Links on Neighborhood Council Websites
Q: My issue is in the stakeholder councils”, i.e. “neighborhood councils” (see www.freedomadvocates.org for background).
I have attempted to post some informational links on the Neighborhood Council website to offer factual information about redevelopment, stakeholder councils along with the other links they have there, e.g. political party meetings, neighborhood [...]
Public Filming of TV Show
Q: There was a film crew in my city filming a popular TV show in a restaurant and sidewalk in front of the restaurant. I took some pictures from the public sidewalk across the street. None of my pictures were for anything but for my personal use–not commercial in any [...]
Posting in City Sponsored Spaces
Q: I would like to know if cities which maintain bulletin boards, kiosks and other posting places may regulate the content of what is posted and if there is any requirement that these tax supported facilities be available to all?
Our city regulates the contents of posting but the only requirement [...]
Recording at a Board and Care Facility without Permission
Q: My mother lives in a board and care facility. I have power of attorney. She is mentally capable, but is diagnosed bi-polar and is experiencing beginning stages of dementia. She has a private room. The facility receives funds from CEI for my Mom’s B&C.- a [...]
Anonymous Columnists
Q: Does anything in the law compel a newspaper to divulge the identify of a columnist who prefers to remain anonymous? Are Realtors, or persons engaged in the Real Estate business restricted in the opinions they may express about real estate?
A: In your inquiry, you pose two questions. Turning to your first inquiry, [...]
Recording Meetings without Informing/Consent
Q: You recently stated in response to a question that there was no law against an attendee taping a homeowner association meeting without permission. My question is: can they do it without informing the Board of Directors or other attendees?
A: With respect to taking a homeowner association meeting without permission, the [...]
Media Access to Crime/Disaster Scenes
Q: I am looking for the penal code in California for my right to cross a police line for news photography. Looking for something on a card or small for a print out to carry with my press pass.
A: Although I don’t have a wallet-sized version, following are California Penal Code [...]
Media Access to Federal Disaster Scenes
Q: We have been having difficulty getting access to photographing firefighting efforts on a National Forest within the state for a wildfire. U.S. Forest Service personnel suggest that California Penal Code 409.5 doesn’t apply to federal employees or federal land. They also refuse to allow media through road blocks [...]
Public Comment at meetings, Campaigning, and Freedom of Speech
Q: May a legislative body prevent members of the public speaking during the public comments agenda item from blatantly campaigning for or against a candidate for that body? I believe that that type of discussion is “not a matter subject to the body’s jurisdiction.” I also [...]
Audio Recording, Meetings
Q: Is it legal in California for a homeowner to secretly tape a HOA meeting. What rights do I have as a homeowner when I find that I have unknowingly been taped of my comments as a homeowner at a monthly HOA meeting? Does any homeowner have the right to tape without [...]
School Boards, Closed Sessions, and Student Files
Q: I have learned that our school board viewed files of a student in closed session. I learned that the file contains information about the student’s behavior. My further question is: Is there something in law that allows the board to meet in closed session when reviewing such [...]
Journalist Access to Tenants, Private Communities
Q: The manager of an apartment complex where a murder has occurred wants to deny our reporters access to tenants. We want to knock on doors and ask renters if they will be interviewed. Can he prevent us from doing this? Is there a citation?
A: It has long been the [...]
Potential Eavesdropping, Amplifying Speakerphone
Q: Does Penal Code section 632 (a) include a speakerphone conversation in the definition of “electronic amplifying”? I use speakerphone while working on the computer, however none of my conversations are considered confidential.
A: I believe you want to know whether listening to another’s conversation amplified through a speakerphone could be the [...]
Newsracks and Shopping Centers
Q: There is case law covering placement of news racks and stands on shopping center property. As I recall if they allow one paper to display their newspaper they have to allow all of them. And that they need to have a policy that clearly states what they allow. Currently I [...]
DUI Incidences and Media Reporting
Q: I would like to know if DUI arrest complaints, that would cause harm to the DUI alleged offender (financial, career, personal, threat of personal harm (because of statements they made during an arrest while intoxicated) can legally be published by the media. I would like to know if the [...]
Changing search warrant policy
Q: A criminal superior court has a new search warrant policy where the affiants or other law enforcement officer who is filing the search warrant redacts information from the warrant in order to reduce the work of the exhausted and overworked court clerks. Items redacted include vehicles searched, addresses searched, and persons [...]
Recording a person without their knowledge
Q: We wish to record a speaker and would rather not alert the him that he is being videotaped and/or audiotaped. He is more likely to make more derogatory comments if he is unaware. In your opinion, are we breaking any laws or causing problems for using the audio and/or [...]
Political speech in the workplace
Q: The company I work for wants me to remove a bumper sticker(”fuck bush”) from my car. I was told that my car will be towed from the employee lot if I do not and may and can lead to job termination. Do they have the right to do so?
A: Although [...]
Regulating teacher speech
Q: I am a public school teacher. Our individual school site has an “all staff” conference whereby all staff member may post material. My school is committed to bilingual education, Hispanic culture, etc. I posted some articles on how poorly bilingual education performs compared to immersion, etc. that does not conform to the [...]
Creating rules for political campaign signs
Q: In local city council race, can the city restrict the placement of campaign signs to only private property? I witnessed city code enforcement personnel removing challenger signs from construction fences.
A: The Court of Appeal in California decided in 1981 that a San Mateo ordinance prohibiting the posting of signs [...]
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