California

Overview

California

Not applicable.

Under the CPRA “computer software” developed by a state or local agency is not itself a public record and that term is defined to include “computer mapping systems, computer programs, and computer graphic systems.”  Cal. Gov’t Code § 6254.9 (b).  Neither the statute or case law, however, define “computer mapping systems.”  While agencies had routinely charged excessive fees for accessing and downloading GIS data on the presumption that such data was copyrightable, and thus a licensing fee could be imposed, the court in County of Santa Clara v. Superior Court, 170 Cal. App.

The elements discussed below are relevant only in two situations, because the reporter's privilege is otherwise absolute. In criminal proceedings, the reporter may be required to disclose unpublished information in response to a defense subpoena. See Delaney, supra, 50 Cal. 3d at 805-06. The prosecution has no right to compel a reporter's testimony. See Miller, supra, 21 Cal. 4th at 887. In civil proceedings, the reporter may be required to disclose unpublished information if he or she is a party to the action.

Overview

California

Under the Bagley-Keene Act, a body does not have to listen to comments on items that are not on the agenda or that were already considered in a public meeting where there was an opportunity to comment. Cal. Gov't Code §§ 11125.7(a).  Under the Brown Act, the public is entitled to comment on any matter within the subject matter jurisdiction of the legislative body, as well as any agenda item.  Cal. Gov’t Code § 54954.3(a).  See Galbiso v. Orosi Public Utility Dist., 167 Cal. App. 4th 1063, 1080, 84 Cal. Rptr. 3d 788 (2008).

Bagley-Keene Act: The specific agenda of a closed session, to be included with the notice, must contain a brief general description of items of business to be transacted or discussed. Cal. Gov't Code § 11125(b). The description shall include a citation to the specific statutory authority under which a closed session is being held. Cal. Gov't Code § 11125(b).

Brown Act: The Brown Act does not require a citation to statutory authority for holding a closed meeting.

Overview

California

Section 6259(d) provides that the court "shall award costs and reasonable attorney fees" to the plaintiff should the plaintiff prevail in proceedings to compel disclosure of public records pursuant to CPRA. Cal. Gov't Code § 6259(d). The award of costs and fees is mandatory. Bernardi v. County of Monterey, 167 Cal. App. 4th 1379, 1393, 84 Cal. Rptr. 3d 754 (2008).  “The costs and fees shall be paid by the public agency of which the public official is a member employee and shall not become a personal liability of the public official.”  Id.

Election results are public and generally available on-line through the Secretary of State’s official website.  See http://www.sos.ca.gov/elections/elections_elections.htm.

Referendum, initiative and recall petitions are exempt from disclosure except as to specified individuals, including the proponents of a petition if found to be insufficient. Gov't Code §§ 6253.5 and 6253.6.