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California Municipal Law Blog
category:
Public Records Act

New Laws Affecting Public Access to Police Records: SB1421 and AB748

by on October 25, 2018

posted in Law Enforcement, Public Records Act,

The Legislature has responded to public pressure calling for increased transparency into local policing by passing two new laws that mandate disclosure of records related to officer misconduct and use of force incidents. With Governor Brown’s signature, SB1421 and AB 748 will change how police departments respond to requests for certain personnel records and recordings of use of force incidents that were previously exempt from disclosure.  ... Continue Reading

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tags: AB 748, Bodycam, Law Enforcement, Officer-involved shootings, Police, Public Records, SB 1421,

Urgent: State Supreme Court Holds Emails or Text Messages Sent on Personal Accounts are Disclosable Public Records

by on March 2, 2017

posted in Public Records Act, Recent Court Decisions,

The California Supreme Court has issued its long-awaited decision on whether public employee emails or text messages, sent and stored on the employees’ personal accounts, are public records.  A unanimous Court held that such emails and text messages are disclosable records under the California Public Records Act.  (City of San Jose v. Superior Court, decided March 2, 2017)  ... Continue Reading

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tags: California Public Records Act, California Supreme Court, Private Emails, Text Messages,

Daily Journal Publishes Our Article on Whether Public Agency Legal Bills are Privileged

by on February 1, 2017

posted in Public Records Act, Recent Court Decisions,

On January 27, 2017, the Daily Journal published our article on the California Supreme Court’s recent decision regarding public agency legal bills, and whether they are privileged.  The full article can be accessed at this link: Daily Journal Article January 27  ... Continue Reading

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tags: Attorney-Client Privilege, California Supreme Court, Law Firm Billing Invoices, Public Records Requests,

Daily Journal Publishes Our Public Records Article

by on August 1, 2016

posted in Public Records Act,

In its July 25, 2016 edition, the Daily Journal published our article, Making Effective Public Records Requests.  The article discusses city attorney Derek Cole’s perspective on how to streamline the records-request process and obtain records more quickly.  A link to the article is here: Making Effective Records Requests Article  ... Continue Reading

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tags: California Public Records Act, Records Requests,

In Public Records Case, State Supreme Court Holds Inadvertent Disclosure of Privileged Records Request Doesn’t Waive Privilege

by on March 28, 2016

posted in Public Records Act, Recent Court Decisions,

As this Blog previously noted, the State Supreme Court had before it two cases in which inadvertent disclosures of attorney-client privileged records were made in response to requests under the California Public Records Act (“CPRA”).  In both cases, the question was whether the mistaken releases waived the privileges.   (Our previous updates about these cases are linked here and here.) On March 17, the Court resolved a split in the appellate courts by ruling that mistaken disclosures do not waive the attorney-client privilege (or the related attorney “work-product” protection).  In ... Continue Reading

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tags: Attorney-Client Privilege, Mistaken Release, Public Records, Work Product Protection,

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