California

(This section is blank. See the subpoints below.)

Neither the Bagley-Keene Act nor the Brown Act distinguishes between appointed and elected bodies. As long as the body falls within the definition of "state body" under the Bagley-Keene Act and "legislative body" of a "local agency" under the Brown Act, it will be subject to the open meeting laws.

California Code of Civil Procedure § 1218 limits to $1,000 any fine that may be imposed as a result of a contempt order. In addition, for a contempt committed outside of the presence of the court, the party committing the contempt "may be ordered to pay to the party initiating the contempt proceeding the reasonable attorney's fees and costs incurred by this party in connection with the contempt proceeding." Id.

Elementary school pupil records are generally exempt. Cal. Ed. Code § 49073-76. Community college student records (Cal. Ed. Code § 67243) and university student records (Cal. Ed. Code § 76143) are also generally exempt. See Porten v. University of San Francisco, 64 Cal. App. 3d 825, 134 Cal. Rptr. 839 (1976)(recognizing state constitutional right of privacy in student records); see also Rim of the World Unif. Sch. Dist. v. Superior Court, 104 Cal. App. 4th 1393, 129 Cal. Rptr.

Kelli L. Sager, Esq.

Rochelle L. Wilcox, Esq.

Davis Wright Tremaine LLP

865 S. Figueroa St., Suite 2400

Los Angeles, California 90017-2566

(213) 633-6800 (Telephone)

(213) 633-6899 (Fax)

kellisager@dwt.com

rochellewilcox@dwt.com

Yes. Government Code Section 6253 (a) provides in part as follows: "Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law." Cal. Gov't Code § 6253(a); Commission on Peace Officer Standards and Training v. Superior Court, 42 Cal.4th 278, 301, 64 Cal. Rptr. 3d 661, 165 P.3d 462 (2007); see also Northern Cal. Police Practices Project v. Craig, 90 Cal. App. 3d 116, 124, 153 Cal. Rptr. 173 (1979).

Under the Bagley-Keene Act, any interested person may commence an action by mandamus, injunction or declaratory relief to obtain a judicial determination that an action taken by a state body in violation of Section 11123 (providing for open meetings) or 11125 (notice requirements) is null and void. Cal. Gov't Code § 11130.3(a).

Neither the Bagley-Keene Act nor Brown Act defines the term "regular meeting." The Brown Act requires that each legislative body of a local agency, except for advisory or standing committees, provide by ordinance, resolution, bylaws or other rule the time and place for holding "regular meetings." Cal. Gov't Code § 54954(a). A meeting of an advisory or standing committee, where an agenda is posted at least 72 hours in advance of the meeting, is considered a regular meeting of the legislative body. Cal. Gov't Code § 54954(a).

California Penal Code § 1524(g) provides that "[n]o warrant shall issue for any item or items described in Section 1070 of the Evidence Code." This statute would seem to flatly forbid the issuance of a search warrant to obtain confidential source information or unpublished information from a news organization.

A simple request describing the records with specificity and asking that they be made available immediately is sufficient. An agency is required to comply with the request so long as the record can be located with reasonable effort. State Bd. of Equalization v. Superior Court, 10 Cal. App. 4th 1177, 1186, 13 Cal Rptr. 2d 342 (1992).