Featuring Speakers From: The Sixth Annual Seminar on the • ACLU of Southern California • Best Best & Krieger LLP • California Newspaper Publishers Assn • Cannata O’Toole Fickes & California Public Almazan LLP • County of Orange • County of Santa Cruz • First Amendment Coalition Records Act • Law Offices of Kelly Aviles • Los Angeles Times Top PRA specialists will cover the latest developments in • Mastagni Holstedt PC requests, responses, and litigation • Orange County Community Resources • Paul Nicholas Boylan, Esq. • Southern California News Group June 22, 2018 • Stanford University Live webcast and replays available! Santa Ana, California Who Should Attend: DoubleTree by Hilton Santa Ana-OC Airport Attorneys, journalists and other professionals interested in government transparency as it relates to the California Credits: CA 6.75 MCLE (call about others) Public Records Act Quick when/where: 8:30 a.m., 201 East MacArthur Blvd. Public Records Act Litigation Seminar June 22, 2018 | Santa Ana, California DoubleTree by Hilton Santa Ana-OC Airport Yes! Please register me: 800 Fifth Avenue, Suite 101 | Seattle, WA 98104 206.567.4490 | fax 206.567.5058 | www.lawseminars.com Name: ______________________________________________ Email: _______________________________________________ What type of credits do you need? ______________________________ 18PRACA WS For which state(s)? ________________________________________ Register my colleague: Name: ______________________________________________ Email: _______________________________________________ What type of credits do you need? ______________________________ For which state(s)? ________________________________________ Firm: _______________________________________________ Address: _____________________________________________ City: _____________________ State: ________ Zip: _________ Phone: ______________________ Fax: ____________________ If you cannot attend in person, check boxes to order: q Live Homestudy q Homestudy Replay Webcast q Course Materials Friday, June 22, 2018 Public Records Act Litigation Seminar 8:00 Registration Opens 1:15 Federal Freedom of Information Act (FOIA): How it Differs from and Informs California’s PRA 8:30 Introduction & Overview Similarities and key differences: Vaughn Indexes under FOIA; Karl Olson, Esq., Program Co-Chair treatment of deliberative process exemptions; search affidavits Cannata O’Toole Fickes & Almazan LLP ~ San Francisco, CA under FOIA and PRA; fees to search vs. fees for duplication; Annie Loo, Esq., Program Co-Chair, Deputy County Counsel FOIA ombudsman role; when to look to FOIA for guidance on County of Orange ~ Santa Ana, CA PRA issues David Snyder, Esq., Executive Director 8:45 Hot Issues and Exemption Claims Under the Public First Amendment Coalition ~ San Rafael, CA Records Ac 2:00 Disclosure: Does California Have Too Much Privacy and personnel records; private emails after San Jose; Transparency, or Too Little? deliberative processes (asserted too often?); tips for decision- making structures and rules Data gathering clogging the system: Is the PRA being used Karl Olson, Esq., Program Co-Chair to accomplish objectives that the statute wasn’t intended to advance? Tony Saavedra, Reporter Bruce Cain, Ph.D., Professor of Political Science Southern California News Group ~ Anaheim, CA Stanford University ~ Stanford, CA HongDao Nguyen, Esq. Best Best & Krieger LLP ~ Irvine, CA Or are bureaucrats ignoring valid PRA requests by watchdogs, citizens and reporters to hide evidence of overspending, ineffi- David Kim, CCEP, ciency and corruption? Compliance Manager / Custodian of Records Nikki Moore, Esq., Legal Counsel Orange County Community Resources ~ Santa Ana, CA California Newspaper Publishers Assn ~ Sacramento, CA 10:15 Break 3:00 Break 10:30 Law Enforcement Issues at the Intersection of Privacy 3:15 Update on Other Pending and Recent Cases and the PRA Kelly A. Aviles, Esq. Traditional records relating to police work and incarceration; Law Offices of Kelly Aviles ~ La Verne, CA cases arising from the adoption of new technologies including body cameras, surveillance cameras and license plate scanners; 4:00 Records Retention: The Ethical Issues public access to raw data and use of “big data” analytical tools Are public agencies keeping too many records for too long? Or Jeff Glasser, Esq., Vice President, Legal are valuable records being destroyed too quickly? Los Angeles Times ~ Los Angeles, CA L. David Nefouse, Esq., Assistant County Counsel David E. Mastagni, Esq. County of Santa Cruz ~ Santa Cruz, CA Mastagni Holstedt PC ~ Sacramento, CA Paul Nicholas Boylan, Esq. 11:30 Update on the “License Plate” Case Paul Nicholas Boylan, Esq. ~ Davis, CA Application of the Section 6255(a) “catchall” exemption: What 5:00 Evaluations and Adjourn the California Supreme Court’s decision suggests for agencies applying the balancing test to determine whether the public inter- est requires disclosure or non-disclosure Peter Bibring, Esq., Director of Police Practices Easy Ways to Register ACLU of Southern California ~ Los Angeles, CA Online: www.lawseminars.com Phone: (206) 567-4490 12:00 Lunch (on your own) About the Seminar This seminar led by top specialists in California's Public Records Act (PRA) will cover the latest developments in PRA litigation and responses, including recent California Supreme Court and Court of Appeal decisions. It will What previous cover frequently invoked exemptions, and strategies for both requesters and government agencies in making and attendees have said: responding to Public Records Act requests. “Excellent information” Top professionals will cover the intersection between the public's right of access to records and privacy concerns; “Uniformly Excellent Program: the hotly debated "deliberative process" exemption; and a lively debate on records retention. Participants will Speakers, Materials, and Venue.” also discuss the aftermath of the California Supreme Court's decisions on emails on "private" electronic devices, “The seminar was useful and its decision in the license-plate reader case. particularly because panels included multiple/opposing We hope to see you there. points of view on the topic.” ~ Program Co-Chairs: Annie Loo, Esq. of County of Orange “Loved having so many attorneys and Karl Olson, Esq. of Cannata O'Toole Fickes & Almazan LLP who have actually argued big cases here!” Friday, June 22, 2018 Public Records Act Litigation Seminar Annie Loo, Program Co-Chair, is Deputy County David E. Mastagni is a partner at Mastagni Holstedt PC. He Counsel for the County of Orange and advises the County specializes in labor and employment representation of public on Public Records Act issues. She previously was a safety employees, including trial and appellate litigation in reporter for the Orange County Register and currently California and federal courts. serves as adjunct faculty at Biola University where she Nikki Moore teaches Public Affairs Reporting. is Legal Counsel and a Legislative Advocate for the California Newspaper Publishers Assn. She lobbies the Karl Olson, Program Co-Chair, is a partner at Cannata Legislature on open meeting laws and the Public Records Act. O’Toole Fickes & Almazan LLP. He specializes in Public Records Act litigation and in defending news media clients L. David Nefouse is an Assistant County Counsel for the County of Santa and individuals against defamation and “SLAPP suits” Cruz. His practice focuses on transactional, policy, and litigation matters. (Strategic Lawsuits Against Public Participation). HongDao Nguyen, Best Best & Krieger LLP, serves as Kelly A. Aviles is a sole practitioner specializing in the California Public Assistant City Attorney for the cities of Stanton and Lake Records Act, the Ralph M. Brown Act, and the Bagley-Keene Act. Clients Forest, and as Deputy City Attorney for the City of San Juan include newspapers, Californians Aware, First Amendment Coalition, and Capistrano. the San Diego County Water Authority. Tony Saavedra is an investigative reporter specializing in Peter Bibring is Director of Police Practices at the ACLU legal affairs for the Orange County Register. of Southern California. He works on a wide range of issues, including race and bias in policing, gang injunctions, exces- sive force, search and seizure, police interference with First David Snyder, Amendment rights, civilian oversight, and surveillance. the First Amendment Coalition’s Executive Director, is a lawyer and journalist who worked at Albuquerque Paul Nicholas Boylan is a public records attorney who Tribune, the Dallas Morning News, the New York Times and represents small newspapers and private citizens in actions to the Washington Post. enforce the public’s right to access government held records and information. He is active in litigation and appeals connected to government transparency issues. You also may be interested in Bruce Cain, Professor of Political Science at Stanford University, is an expert in U.S. politics, and particularly the Trade Secrets May 4, 2018 Los Angeles, CA 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 Sustainable Groundwater Planning July 26-27, 2018 Sacramento, CA elected officials. Jeff Glasser is Vice President, Legal at the Los Angeles Times SEPA & NEPA Sept. 14, 2008 Santa Monica, CA and Assistant General Counsel at its parent company, tronc, Inc.. He handles newsroom counseling, litigation, intellectual