Message from the Chair

• Publication year: 2017
• Author: By John M. Appelbaum

Message from the Chair

By John M. Appelbaum^*

OUR CONTINUED COMMITMENT TO YOU AND THE OPPORTUNITIES AHEAD

On May 19, 2017, the Public Law Section held its annual Open Meeting and Public Records Act Conference at UC Berkeley School of Law. The conference brings together the foremost experts in open meeting and public records law. The topics and discussions were particularly lively this year, coming on the heels of the California Supreme Court's significant Public Records Act (PRA) decision in City of San Jose v. Superior Court.

UC Berkeley Law Professor Claudia Polsky kicked off the conference noting the importance of transparency, but cautioning against abuses. She related how she had been targeted in a PRA request designed to impugn her reputation because of her environmental advocacy. The anecdote provided a poignant reminder that laws intended to promote transparency in the democratic process can be misused.

The conference stressed both practical matters and cutting-edge concerns facing practitioners. The morning session included the management of difficult open meeting law situations through the use of interactive examples, followed by advice for handling difficult clients and public meetings, as well as evaluating the impact of technology, like Facebook, Snapchat, and Twitter, on the public's ability to observe and participate in the decision-making process. The morning was capped off by a truly outstanding program on prosecuting and defending writ petitions.

The afternoon focused on the PRA, including the practical application of the City of San Jose decision to communications on private devices and best-practice recommendations. This is an issue that practitioners will be seeing with alarming frequency, while exposing public entities to potentially significant attorney's fee awards. Another significant issue facing public entities is the management of enormous data, which can include information from license plate readers, video surveillance, police videos, and tax data. Experts shared best-practice advice in managing this data to protect the public interest and an individual's privacy rights. The conference wrapped up with a frank, no-holds-barred, ethics discussion about real ethical concerns arising in public practice. And this...