Tag Archives: California Supreme Court

Unidentified Business Improvement District Seeks Free CPRA Advice From First Amendment Coalition, Does Not Get Answer They Are Looking For

The First Amendment Coalition is, in their own words,

… an award-winning, nonprofit public interest organization dedicated to advancing free speech, more open and accountable government, and public participation in civic affairs.

and their mission includes the fairly forthright statement that

The Coalition is committed to the principle that government is accountable to the people, and strives through education, public advocacy, litigation, and other efforts to prevent unnecessary government secrecy and to resist censorship of all kinds.

For instance, in furtherance of this mission, the FAC is presently suing the City of Los Angeles over Tom LaBonge’s immoral and idiotic destruction of records from his time as Councilmember. They were also a friend of the court in the recent momentous California Supreme Court decision making the personal email accounts of public officials open to CPRA for material that relates to the public’s business. This is not an organization that anyone sane would expect to be sympathetic to the whiny, entitled, and clueless complaints of a business improvement district that has been asked to comply with its legal obligations under the California Public Records Act, amirite?

One of the most useful services that the FAC provides is called Asked & Answered. People can send in questions about CPRA and the Brown Act and the FAC’s attorneys from Bryan Cave will answer them publicly and for free if they might interest a wider audience. These questions are usually from people frustrated by inane, self-serving, and illegal government obstructionism in the face of CPRA requests. So imagine my surprise when, a few days ago, this little gem of a question appeared:

Q: As a Business Improvement District, we are an agency of our local gov’t and subject to PRAs. I have submitted countless reports, minutes/agendas, financials and even a record of one full year of emails. Now I have been asked to submit the email database I have developed for communicating with my business members.

I am not comfortable giving this database to the public. While I have no problem disclosing my email correspondence, I do not feel right giving my email database to someone who can then send mass emails to these businesses.

Do I have to submit the database if requested through the CPRA?

Well, given the FAC’s general orientation towards CPRA, you can probably imagine the answer, and you can also read it, with some commentary and the usual uninformed speculation, after the break.
Continue reading Unidentified Business Improvement District Seeks Free CPRA Advice From First Amendment Coalition, Does Not Get Answer They Are Looking For

ACLU And Eric Preven Score Huge California Supreme Court CPRA Victory Against Los Angeles County Over Release Of Attorney Invoices

Eric Preven is not only winning huge CPRA victories, he is also running for mayor of Los Angeles.
Last week local hero and candidate for mayor Eric Preven along with the ACLU of Southern California won a major victory for CPRA rights in the California Supreme Court. This was well-covered by both the ACLU and the Los Angeles Times. The main point of this post is to make available some of the paperwork from the case, but here’s how the ACLU summarized the issues:

Today, the California Supreme Court affirmed the public’s right to access government billing records with private law firms, overturning a previous appeals court ruling in a California Public Records Act (CPRA) case brought against Los Angeles County.

L.A. County should now release the invoices for all closed cases, so that the public can learn how much taxpayer money is going to private lawyers to defend the county and its employees, including the many cases against the Los Angeles Sheriff’s Department for brutality against inmates in the county jails.

In 2013, the ACLU Foundation of Southern California … and … Eric Preven … sued the county demanding that it and the Office of County Counsel release invoices detailing the amounts of money billed by private law firms in lawsuits filed against the sheriff’s department and its personnel. The laws​uit, ACLU/Preven v. Los Angeles County, came after county counsel denied several CPRA requests for the documents that list the amounts billed by private attorneys, which are paid by county taxpayers.In the opinion the court rejected the county’s argument that attorney-client privilege extends to government invoices with private legal counsel in closed cases, writing that “contents of an invoice are privileged only if they either communicate information for the purpose of consultation or risk exposing information.”

And turn the page to download bunches of pleadings in the case, including the Supreme Court opinion.
Continue reading ACLU And Eric Preven Score Huge California Supreme Court CPRA Victory Against Los Angeles County Over Release Of Attorney Invoices