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The Flash will be on vacation next week and will return on August 11th.

Newspaper sues Oakland for disclosure of salaries > 100k. Contra Costa Times' claim to test access under PRA and Oakland sunshine law.

(Contra Costa Times 7/23/04) -- The Contra Costa Times sued the city of Oakland on Thursday, demanding that it release the salaries of its employees along with their names.

The suit in Alameda County Superior Court comes after the city on July 5 rejected a public records request the newspaper made in June for the names of all employees to whom the city paid more than $100,000 in 2003.

CFAC supported the Contra Costa Times with an affidavit, which was filed together with the complaint in the case. (Read the story)

CFAC requests prison tapes to test claim by Governor's legal adviser. Siggins, defending deal to give tapes to union, said tapes available under PRA.

(San Jose Mercury News 7/24/04) -- A media advocacy group Friday decided to test the accuracy of a Schwarzenegger administration statement this week about the availability of videotapes of altercations between state prison guards and inmates.

The California First Amendment Coalition sent a letter to Corcoran State Prison requesting all tapes of incidents during the first three months of 2003. (Read the story)

East Bay agencies delay or refuse public records request. Newspaper's audit finds widespread noncompliance despite clear rule.

(Contra Costa Times 7/25/04) -- Ask for routine public records at most Bay Area public agencies and you'll likely be met with suspicion, defensiveness, intimidation, needless delays, incompetence and ignorance.

During a four-month investigation of public records access at 86 governments, school boards and special districts, and 36 police departments, Times reporters encountered numerous impediments to seeing routine public records such as employment contracts and elected officials' economic disclosure forms. (Read the story)

CA Supremes to hear workplace harassment case involving "Friends" TV show. Appeal to test scope of 1st Amendment privilege for lewd, sexual remarks spoken as part of creative process.

(The Recorder 7/22/04) -- The final episode of the NBC television sitcom "Friends" aired in May, but the 10-year show is destined to live on in the legal system as part of a possibly precedent-setting lawsuit over workplace harassment.

The California Supreme Court on Wednesday unanimously granted review in a case filed by Amaani Lyle, a former writers' assistant who claimed that vulgar jokes and crass behavior by the show's writers subjected her to a hostile work environment. A black woman, she claimed racial and sexual harassment, while the writers argued that their words and actions were part of the creative process.

CFAC filed an amicus submission in the Supreme Court, supporting the producers of "Friends." (Read the story)

Colorado media ask US Supremes for emergency stay of "prior restraint" in Kobe Bryant case. Justice Breyer to decide.

(SCOTUSBlog) -- A group of news media have asked the Supreme Court for emergency relief from a state court order barring publication of the details of the sex life of the woman who has accused basketball star Kobe Bryant of rape.

The media are seeking a stay of the Colorado Supreme Court's divided 4-3 decision, affirming an injunction against publication of a report that was mistakenly released to the media by court aides. (Read the story)

Half of police agencies withhold incident logs despite a clear obligation under the PRA to disclose.

(Contra Costa Times 7/25/04) -- State law grants any interested person an absolute right to see a police log of incidents, but a Times investigation revealed half of the East Bay police departments tested do not obey the law.

Half of the 36 police agencies produced the incident reports for Times reporters who went in person to ask for them. The reporters did not identify themselves as press representatives.

Other departments for various reasons refused to provide a log.

The state Public Records Act requires disclosure on request of what is commonly called a police "blotter" or incident log. It generally contains the time and circumstances of calls to police and names and details of arrests. The law allows police to withhold information only if its release would "endanger" an investigation. (Read the story)

California justices reverse teen's conviction for violent poem

(The Associated Press 7/22/04) -- The California Supreme Court today reversed the conviction of a 15-year-old boy who served 100 days for writing a poem that suggested he might kill fellow students - but also ruled students cannot shield themselves behind art if they issue more direct threats. (Read the story)

HOTLINE Questions and Answers

Queries to CFAC's Hotline this week include questions about the applicability of open meeting laws to university student government bodies and private NGOs. Answers are provided by lawyers at Piper Rudnick, CFAC's general counsel.

Student government

Q: I am the managing editor of a public university student newspaper. We're struggling to reach a conclusion as to whether our student government must be held to the Bagley-Keene Act. We've done quite a bit of research and have yet to discover a clear answer on the issue. (Read the answer)

Private organizations

Q: I am involved with an NGO in San Francisco. For some time I''ve been trying to get this organization to address a matter of importance to me at its board meetings. But no luck. Does a private, NGO have any obligations along these lines? (Read the answer)

When is a "closed" file really just a "suspended" file? Monterey environmental suit tries to find out.

(Monterey Herald 7/28/04) -- An environmental watchdog group, claiming that Monterey County officials arbitrarily closed hundreds of active code enforcement files, sued the county Tuesday to get those files reopened.

But Monterey County planning officials say the cases contained in those files have actually been "suspended" and planners incorrectly used the word "closed" when referring to them. (Read the story)

If you have suggestions for items to be included in CFAC's weekly Flash, please email them to Peter Scheer