News & Analysis as of

Public Records Act Public Employees

Foster Garvey PC

2025 Legislative Developments Affecting Washington Employers

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Washington employers face a wave of new workplace legislation, some of which recently became effective and some that will begin in 2026 and beyond. These new or modified laws address a broad range of topics, many of which...more

Rumberger | Kirk

Finally, Public Agency Does Not Have To Pay Media's Attorneys' Fees Under Florida Public Records Act

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In State Attorney’s Office of the Seventeenth Judicial Circuit, et al., v. Cable News Network, Inc., et al., the Fourth District Court of Appeal held that the School Board of Broward County is not required to pay the Media...more

Best Best & Krieger LLP

Emails and E-Discovery: California Public Records Act - BB&K's Christine Woods Explores San Jose Ruling Repercussions in PublicCEO

When does a public employee’s personal privacy interests outweigh the public’s right to access records? Originally Published in PublicCEO - July 18,2018....more

Best Best & Krieger LLP

New Laws Part I: 2018 Brings Campaign, Election and Records Reforms

From bumping up the statewide primary election date to protecting the personal information of public employees and making campaign contributions more transparent, state lawmakers passed a wave of laws regarding campaigns,...more

Weintraub Tobin

Government Employees Can’t Hide Behind Their Private Email Accounts: California Supreme Court Expands Public Records Definition To...

Weintraub Tobin on

The use of private email servers and communications devices by government officials was a major issue in the 2016 election, from the investigation of Hillary Clinton’s email practices to the hacking of a private email account...more

Haight Brown & Bonesteel LLP

Public Records Act And The Price Of Privacy: Part 2

In part 1 of this two-part series we discussed how the City of San Jose v. Superior Court (Smith) will forever change the nature of public service. In part 2, we will offer practical suggestions to respond to this change. ...more

Haight Brown & Bonesteel LLP

Public Records Act And The Price Of Privacy: Part 1

In part 1 of this two-part series we’ll discuss how the City of San Jose v. Superior Court (Smith) will forever change the nature of public service. In part 2, we will offer practical suggestions to respond to this change. ...more

Holland & Knight LLP

California Public Employees' Personal Accounts May Be Subject to Public Records Act Requests

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In City of San Jose v. Superior Court, No. S218066 (Cal. Mar. 2, 2017), the Supreme Court of California decided unanimously that communications made or stored on a public employee's personal account, including emails sent...more

Allen Matkins

California Supreme Court Rules that Texts and Emails on Personal Devices May Be Considered Public Records

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The California Supreme Court recently held in City of San Jose v. Superior Court, California Supreme Court Case No. S218066, that public employees' digital messages existing in private electronic devices (e.g., smartphones...more

Best Best & Krieger LLP

E-Communications on Private Accounts May Be Subject to Disclosure Under the California Public Records Act

The California Supreme Court has finally decided a question that has, for years, vexed courts, public officials, the media and citizen watchdogs: Are electronic communications — emails, voicemails and texts — on private...more

Best Best & Krieger LLP

Is a Private Email a Public Record? Context Matters!

In deciding last week that communications on public agency employees’ private devices may be subject to disclosure under the Public Records Act, the California Supreme Court included some direction to help make the...more

Nossaman LLP

California Supreme Court Rules that Public Business Conducted on Personal Devices Result in Public Records

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In a major development impacting all public entities subject to the California Public Records Act (Gov. Code § 6250 et seq., hereafter “CPRA”), on March 2, 2017, the California Supreme Court unanimously held that public...more

Downey Brand LLP

California Supreme Court Rules Public Officials' and Employees' Personal Accounts Do Not Escape Reach of Public Records Act

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On March 2, 2017, the California Supreme Court ruled in City of San Jose v. Superior Court that where a public employee uses a personal email account or texts to communicate about the conduct of public business, those...more

Best Best & Krieger LLP

Big Changes for California’s Labor, Employment Laws

Californians are starting to feel the effects of new labor and employment laws passed in 2016 that raise the state’s minimum wage, aim to erase wage gaps, protect immigrant and disabled workers, as well as establish...more

Best Best & Krieger LLP

Looking Forward: New California Laws for Public Agencies

Best Best & Krieger LLP on

Like years past, there were plenty of laws passed in Sacramento in 2016 that will impact public agencies. Here is a summary of those that have specific importance to your work. We hope that you will contact us for further...more

Best Best & Krieger LLP

Are Private E-mails & Text Messages “Public Records?”

Best Best & Krieger LLP on

Decision Expected Soon from California Supreme Court - Public agencies in California should prepare for the likelihood that communications on officials’ and employees’ private devices related to the agency’s “conduct of...more

K&L Gates LLP

Washington Supreme Court Applies Public Records Act to Public Employees’ Private Cell Phones

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On August 27, the Washington Supreme Court unanimously held in Nissen v. Pierce County that text messages sent or received by a public employee in his or her official capacity are public records within the meaning of the...more

Best Best & Krieger LLP

Appellate Court Public Records Act Decision Leaves Questions Unanswered

When the decision in City of San Jose v. Superior Court was announced, many public agency employees and officials were relieved to read that the Court of Appeal agreed with the city: communications on public officials’...more

JD Supra Perspectives

When Innovation Outpaces the Law: Public Officials’ Private Devices, Accounts & the California Public Records Act

JD Supra Perspectives on

Part of JD Supra's series on innovation and the law. If a public official sends a text about the agency’s business from his or her personal phone on an account for which he or she foots the bill, is the text a public record?...more

Best Best & Krieger LLP

BB&K Police Chief Bulletin: Public Records - Public Records Act May Require Disclosure of Content Stored on Personal Devices of...

Overview: A Santa Clara County Superior Court judge recently ruled that the California Public Records Act (PRA) required government agencies to disclose communications relayed through the privately-owned personal devices of...more

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