IN THE PUBLIC INTEREST, Spring 2016

Happy Spring!

2016 has brought California more certainty for its water supply, as well as more certainty for public agency staff charged with implementing state open government laws.

In this this issue of In the Public Interest, we explain why public agency staff can relax—but not too much—following the California Supreme Court’s recent decision holding that inadvertent disclosure of confidential documents do not waive exemptions under the Public Records Act.

We also offer tips for implementing tribal consultation requirements under AB 52 that are both pragmatic and culturally respectful.
PRA Ruling: Inadvertent Disclosure Does Not Waive Exemptions. But Then What?
In Ardon v. City of Los Angeles, the California Supreme Court found that public agencies do not waive exemptions when they inadvertently disclose confidential documents in response to a Public Records Act request. Heather Minner reviews the practical limits of this ruling and best practices to avoid disclosing confidential documents in the first place.

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AB 52: An Overview and Tips for Compliance

With last year’s enactment of AB 52, it is more important than ever for public agencies to consult with Native American tribes about the impacts of upcoming CEQA projects. Tori Ballif Gibbons provides a comprehensive summary of AB 52’s requirements, as well as best practice suggestions to help agencies cultivate efficient but meaningful consultation relationships.

-Read more-

In the Public Interest is Shute, Mihaly & Weinberger, LLP's regular e-newsletter of fresh, relevant, and useful legal information for public agencies.
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