Friday, June 22, 2018

8:00 am

Registration Opens

8:30 am

Introduction & Overview

Karl Olson, Esq. , Program Co-Chair
Cannata O'Toole Fickes & Almazan LLP / San Francisco, CA

Annie Loo, Esq. , Program Co-Chair, Deputy County Counsel
County of Orange / Santa Ana, CA

8:45 am

Hot Issues and Exemption Claims Under the Public Records Act

Privacy and personnel records; private emails after San Jose; deliberative processes (asserted too often?); tips for decision-making structures and rules

Karl Olson, Esq. , Program Co-Chair
Cannata O'Toole Fickes & Almazan LLP / San Francisco, CA

HongDao Nguyen, Esq.
Best Best & Krieger LLP / Irvine, CA

David Kim, CCEP , Compliance Manager and Custodian of Records
Orange County Community Resources / Santa Ana, CA

Tony Saavedra , Reporter
Southern California News Group / Anaheim, CA

10:15 am

Break

10:30 am

Law Enforcement Issues at the Intersection of Privacy and the PRA

Traditional records relating to police work and incarceration; cases arising from the adoption of new technologies including body cameras, surveillance cameras and license plate scanners; public access to raw data and use of "big data" analytical tools

David E. Mastagni, Esq.
Mastagni Holstedt PC / Sacramento, CA

Daniel A. Laidman, Esq.
Davis Wright Tremaine LLP / Los Angeles, CA

11:30 am

Update on the "License Plate" Case

Application of the Section 6255(a) "catchall" exemption: What the California Supreme Court's decision suggests for agencies applying the balancing test to determine whether the public interest requires disclosure or non-disclosure

Peter Bibring, Esq. , Director of Police Practices
ACLU of Southern California / Los Angeles, CA

12:00 pm

Lunch (on your own)

1:15 pm

Federal Freedom of Information Act (FOIA): How it Differs from and Informs California's PRA

Similarities and key differences: Vaughn Indexes under FOIA; treatment of deliberative process exemptions; search affidavits under FOIA and PRA; fees to search vs. fees for duplication; FOIA ombudsman role; when to look to FOIA for guidance on PRA issues

David Snyder, Esq. , Executive Director
First Amendment Coalition / San Rafael, CA

Isra Shah, Esq.
Richards Watson & Gershon PC / Los Angeles, CA

2:00 pm

Disclosure: Does California Have Too Much Transparency, or Too Little?

Data gathering clogging the system: Is the PRA being used to accomplish objectives that the statute wasn't intended to advance?

Bruce Cain, Ph.D. , Professor of Political Science
Stanford University / Stanford, CA

Or are bureaucrats ignoring valid PRA requests by watchdogs, citizens and reporters to hide evidence of overspending, inefficiency and corruption?

Nikki Moore, Esq. , Legal Counsel
California Newspaper Publishers Assn / Sacramento, CA

3:00 pm

Break

3:15 pm

Update on Other Pending and Recent Cases

Kelly A. Aviles, Esq.
Law Offices of Kelly Aviles / La Verne, CA

4:00 pm

Records Retention: The Ethical Issues

Are public agencies keeping too many records for too long? Or are valuable records being destroyed too quickly?

L. David Nefouse, Esq. , Deputy County Counsel
Office of the County Counsel - County of Alameda / Oakland, CA

Paul Nicholas Boylan, Esq.
Paul Nicholas Boylan, Esq. / Davis, CA

5:00 pm

Evaluations and Adjourn

Faculty Bios

Annie Loo, Program Co-Chair, is Deputy County Counsel for the County of Orange and advises the County on Public Records Act issues. She previously was a reporter for the Orange County Register and currently serves as adjunct faculty at Biola University where she teaches Public Affairs Reporting.

Karl Olson, Program Co-Chair, is a partner at Cannata O'Toole Fickes & Almazan LLP. He specializes in Public Records Act litigation and in defending news media clients and individuals against defamation and "SLAPP suits" (Strategic Lawsuits Against Public Participation).

Kelly A. Aviles is a sole practitioner specializing in the California Public Records Act, the Ralph M. Brown Act, and the Bagley-Keene Act. Clients include newspapers, Californians Aware, First Amendment Coalition, and the San Diego County Water Authority.

Peter Bibring is Director of Police Practices at the ACLU of Southern California. He works on a wide range of issues, including race and bias in policing, gang injunctions, excessive force, search and seizure, police interference with First Amendment rights, civilian oversight, and surveillance.

Paul Nicholas Boylan is a public records attorney who represents small newspapers and private citizens in actions to enforce the public's right to access government held records and information. He is active in litigation and appeals connected to government transparency issues.

Bruce Cain, Ph.D., Professor of Political Science at Stanford University, is an expert in U.S. politics, and particularly the politics of California and the American West. A pioneer in computer-assisted redistricting, he is a prominent scholar of elections, political regulation, and the relationships between lobbyists and elected officials.

David Kim, CCEP, is Compliance Manager and Custodian of Records for Orange County Community Resources. The agency is comprised of OC Animal Care, OC Community Services, OC Parks, and OC Public Libraries.

David E. Mastagni is a partner at Mastagni Holstedt PC. He specializes in labor and employment representation of public safety employees, including trial and appellate litigation in California and federal courts.

Nikki Moore is Legal Counsel and a Legislative Advocate for the California Newspaper Publishers Assn. She lobbies the Legislature on open meeting laws and the Public Records Act.

L. David Nefouse is an Assistant County Counsel for the County of Santa Cruz. His practice focuses on transactional, policy, and litigation matters.

HongDao Nguyen, Best Best & Krieger LLP, serves as Assistant City Attorney for the cities of Stanton and Lake Forest, and as Deputy City Attorney for the City of San Juan Capistrano.

Tony Saavedra is an investigative reporter specializing in legal affairs for the Orange County Register.

David Snyder, the First Amendment Coalition's Executive Director, is a lawyer and journalist who worked at Albuquerque Tribune, the Dallas Morning News, the New York Times and the Washington Post.

Continuing Education Credits

Live credits: Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 6.75 California MCLE credits (inc 1 ethics). Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

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