Search Results for: 54953.5(a) recording

A&A: Tape recordings of meetings

Q: I want to listen to a tape recording of a meeting of the Fire District Board of Directors (they are elected). I have been told the recording is not public record. Don’t they have to make it available for 30 days? A: Yes, Code sec. 54953.5(b) requires agency to keep any recordings for at least 30 days and to treat such recordings as public records unless and until they are erased or destroyed (which

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A&A: Can they deny my request for a video of a meeting that was streamed live?

Q: I have been denied my request for a copy of a videotape of a Town Hall Meeting that was streamed live over the Internet.  They claim they can not release the video for personnel reasons I was also denied access to the County Sheriff Department’s “Pink Slips,” which are held in the reception office of the department. These documents are made available to the local paper – but not to me? This does not seem

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Copies of Tapes for Public Record Requests

Copies of Tapes for Public Record Requests Q: Re: CPRA request for audio taped record of open meeting: I have submitted a request for copies of tapes made of 3 open Hospital Board meetings, held within 3 weeks of each other. I submitted the request well before 30 days had passed from the first meeting, and before the minutes had been transcribed or approved by the Board (in fact, the minutes have not yet been

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A&A: Does Brown Act allow public meeting recordings to be destroyed?

Q: We are a small community of citizens trying to find our way dealing with a public board that we believe gave us no equal consideration. We are seeking assistance in requesting copies of e-mails from a county board. We believe that the decision made during a meeting was a result of a Brown Act violation that occurred prior to the board meeting. Also we are trying to get a copy of the recording that

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Audio Recording, Meetings

Audio Recording, Meetings Q: Is it legal in California for a homeowner to secretly tape a HOA meeting. What rights do I have as a homeowner when I find that I have unknowingly been taped of my comments as a homeowner at a monthly HOA meeting? Does any homeowner have the right to tape without disclosure? Does the Board have the right to negate the use of audio recordings? A: Although I cannot advise you

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A&A: Barring the Media from recording an Open Meeting

Q: Can a Home Owners Association Board of Directors prohibit a member of the press from recording the events during the open session of the monthly meeting in which the press was invited by a group of home owners? A: In response to your inquiry below, the threshold question is whether or not the home owners association you reference is subject to the California open meetings law, the Brown Act.  Under Government Code section 54952(c),

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Recording a person without their knowledge

Recording a person without their knowledge Q: We wish to record a speaker and would rather not alert the him that he is being videotaped and/or audiotaped.  He is more likely to make more derogatory comments if he is unaware.  In your opinion, are we breaking any laws or causing problems for using the audio and/or videotapes to prove our case to the City Attorneys involved or in court later if we do not request

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Tape recording closed sessions

Tape recording closed sessions Q: As an elected Trustee for a local school district, may I record closed session for my personal use (note taking)? These would not be permanent records as I would reuse the tape for the next recording. A: If you are going to seek to record the proceedings, you should disclose to everyone present (who is being recorded) that you are doing so.  You should be aware that if you make

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A&A: Agency terminates audio recording of meetings without notice

Q: A local agency just reformed and it started to audio record it meetings and make them available to the public. I obtain one for a missed meeting. Then skipped a meeting, relying on the availability of the recording, only to be told afterwards, that the staff person did not record the meeting on direction of one of the members. I would like to see them continue. Brown Act relevancy? [su_button url=”https://firstamendmentcoalition.org/legal-hotline” target=”blank” style=”flat” background=”#be322a”

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A&A: Can police videotape me in my home without consent?

Q: Can the police videotape interactions with the public without the public’s consent? Not just in public, where there may be less of an expectation of privacy, but when they enter an apartment or home (permissive entry), and they do not ask permission to videotape but do so anyway with hidden video cameras? A: You pose an interesting question. A provision of California’s Penal Code imposes penalties for “intentionally and without the consent of all

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A&A: Can a School Board Restrict Recording of a Meeting to a Designated Area?

Q: Can a school board allow the public to record the meeting only from a certain designated area in the back of the room? Or can a person record from their seat outside the designated area if they are not disrupting the meeting at any time? A: Cal. Gov. Code § 54953.5 provides: “Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record

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A&A: Recording Meetings without Informing/Consent

Q: You recently stated in response to a question that there was no law against an attendee taping a homeowner association meeting without permission.  My question is:  can they do it without informing the Board of Directors or other attendees? A: With respect to taking a homeowner association meeting without permission, the initial question would be whether the Board of Directors of a homeowners’ association is covered by the Brown Act.  I doubt that it

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A&A: Recording publics comments in board minutes

Recording publics comments in board minutes Q: To what extent must a public district board include in their monthly board of directors meeting minutes, which are available to the public, verbatim or synopsized comments made by the public at the prior month’s public board meeting? Can a district board elect not to include any or all such public comments from board minutes? Also, must letters addressed to the board from the public be included in

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A&A: Right to Videotape School Board Meetings

Right to Videotape School Board Meetings Q: Yesterday, I videotaped a School District Board Meeting and I was under the understanding that citizens are allowed to videotape as specified under the Government Code Section 54954.3, the Brown Act. After the meeting, I was approached by two district personnel, one of them being the district superintendent. Both of them told me I could not videotape the meeting. The superintendent specifically said that her and the School

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Secret recording of police protected by First Amendment

The First Circuit U.S. Court of Appeals concurred with a lower court that a citizen has the right to secretly record police officers working in public spaces. The decision reaffirms the district court ruling that the Massachusetts wiretap law violated the First Amendment in outlawing such recording. (ACLU of Massachusetts, December 16, 2020, press release) The Reporters Committee for Freedom of the Press filed an amicus brief in the case arguing that the right to

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Recording industry files amicus in Righthaven appeal

The Association of American Publishers and the Recording Industry Association of America are siding with Righthaven in its appeal to the Ninth Circuit Court of Appeals in an attempt to get an adverse ruling on fair use off the books. They claim in an amicus brief that it was an error to consider whether Righthaven held the copyright. Rather the court should  rule on the basis that the actual copyright owner was Stephens Media. -db

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Tape recording public gatherings and attendee rights

Tape recording public gatherings and attendee rights Q: I live in a resident owned mobile home park. I am also a board member. At the last board meeting, a resident taped the meeting. This bothered many of the residents. When a resident asked the board about this, the person taping the meeting interrupted then snapped at her saying that it was legal. The person taping sat directly in back of the girl who questioned her

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A&A: Recording at a Board and Care Facility without Permission

Recording at a Board and Care Facility without Permission Q: My mother lives in a board and care facility.  I have power of attorney.  She is mentally capable, but is diagnosed bi-polar and is experiencing beginning stages of dementia.  She has a private room.  The facility receives funds from CEI for my Mom’s B&C.- a Medicare/Medicaid managed program. May I legally use video camera/audio equipment in the room where my Mom resides?  Either with their

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A&A: Homeowner’s Association, the Brown Act, and tape recording

Homeowner’s Association, the Brown Act, and tape recording Q: My senior homeowner’s association board prohibits members from tape recording board meetings.  I tried today, they asked me to leave, and they called the police. I stated “I will exercise my right under California law to record meeting”. Police would not take any action in civil matter.  The board adjourned meeting for two weeks. The board says they are not subject to the Brown Act.  An

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Recording industry shifts strategy on song-swappers

The Recording Industry Association of America says it will stop suing people who share copyright-protected music and instead try to persuade Internet service providers to block users who ignore repeated warnings. Music industry drops effort to sue song swappers By The Associated Press 12.29.08 LOS ANGELES — The group representing the U.S. recording industry says it has abandoned its policy of suing people for sharing songs protected by copyright and will work with Internet service

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