Search Results for: 6252(a)

Minutes deadline

Minutes deadline Q: Does a City have a timeframe within which it must provide a record (minutes) of Council Meetings?  I am having difficulty in obtaining (being allowed to inspect) minutes from 3 months ago? The city indicates they are not “ready.” A: The minutes of an open meeting subject to the Brown Act, which applies to the meetings of legislative bodies of local agencies, are public records and therefore subject to inspection by the

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A&A: Can I access recordings made by the LA Dept. of Animal Services?

Q: Does a request for public records of public hearings of department of Animal Services include tape recordings of hearing made by hearing examiner? A: As you may know, under the Public Records Act, public records — which include “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics,” Gov’t Code section 6252(e) — are presumed

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A&A: Does the PRA apply to community college records

Q: A recent student survey was conducted by my community college’s general emailing service. Can I send a CPRA request form to the community college to receive the results of the survey? A: The Public Records Act (PRA) applies to “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency,” so it should cover the community college.  Govt. Code § 6252(e).  Such

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Public Funds and the CPRA

Public Funds and the CPRA Q: Are organizations that put on state fairs with public money subject to the CPRA, especially considering their authorization in law? A: There is authority for the proposition that agencies that are subject to the Brown Act are subject to the PRA, as well.  The definition of “local agency” under Government Code Section 6252 includes “nonprofit entities that are legislative bodies of a local agency pursuant to subdivisions (c) and

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County Bids and Contracts, Public Record

County Bids and Contracts, Public Record Q: I bid on a copier RFP for the County Court and lost the bid. I would like to know if I can request a copy of the bid and the contract and will they have to give it to me. I thought under the public record act they would have to. A: While an RFP bid and resulting contract for public agencies in California are generally records that

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A&A: How to requests public documents from San Fransisco Airport

Q:  I’ve been having a really hard time understanding how to send a freedom of information act requests to the San Francisco Airport.A web search gave me nothing, except for something about a “Sunshine Ordinance” though I can see that California has a Freedom of Information law in place. Can you help me understand how freedom of information requests work for the City and County of San Fransisco? A: In California, you may request public records

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A&A: PRA request from the California Engineer Board

Q: My County installed a drainage system designed to flood my property. After two small claims suit losses I wrote a complaint to the Engineer Board. Subsequently, the Engineer Board ruled in favor of the County Engineer. I am seeking legal services to help me obtain the County Engineer’s submission to the Board. A: It appears the California Engineer Board is a “state or local agency” subject to the California Public Records Act (PRA), so

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A&A: Is US’s federally-funded research exempt from CPRA?

Q: If a group of scientists is doing research at a state university, but the research is funded entirely by the National Science Foundation (a federal agency), is the group’s work exempt from the CPRA? A: The Act states that “public records” include “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.” Gov’t Code § 6252(e) (emph.

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What Constitutes a Local Agency

What Constitutes a Local Agency Q: Are records from Hollywood Park OR Santa Anita Racetrack (aka Magna Entertainment Corp. and Los Angeles Turf Club) subject to public access?  If so, how do I access them?  They are under the jurisdictions of the California Horse Racing Board.  Therefore, I believe the Brown Act may apply…? A: Your first step is to determine if you have a right of access to the information you are seeking under

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A&A: Police dispatch calls

Q: I am reporting a story on law enforcement agencies encoding police dispatch calls and rendering useless police scanners used by the press and broadcast reporters. Has this issue surfaced in other counties or states? Has it been tested in court? Is there a basis to challenge it in court? A: It wouldn’t appear that you have any basis for challenging this under California law. The public records act only covers writings, not oral communications.

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Administrative hearing transcripts

Administrative hearing transcripts Q: I attended a hearing in my city regarding a canine noise level complaint.  The hearing officer/judge found for the plaintiffs. Because of various oddities related to the hearing and the ruling, I determined that I needed to file an appeal.  The administrative hearing is not appeal-able so that means I need to file a Write of Mandemus in Superior court.I requested a copy of the transcript of the hearing and received

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A&A: Is the list of employees taking voluntary buyouts a public document?

Q: I am a reporter covering the public district hospital. I want to know if a list of 74 employees who accepted voluntary buyouts is a public document. I requested this list from the hospital’s PR person, and she said she would provide it only on condition that I promise not to publish the names. I probably won’t use more than a few names (for people I might quote), but if the document is public,

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A&A: Can I use the Sunshine Act to access to state-controlled information?

Q: Under California Proposition 59 (The Sunshine Act) I would like to formally petition the state of California for state-controlled information. Can I ask you to please advise: What state agency has this form and can send it to me? A: Proposition 59 amended the California Constitution to add greater access to government records and meetings.  You can find more information regarding Proposition 59 on the FAC website here: CA Proposition 59. However, if you seek records

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A&A: Attempting to access phone call recordings made from jail

A: I want to request a copy of the recordings or transcripts of phone calls placed by an inmate at the County Jail. Are there cases or laws that I can use in my request to argue for releasing this media? [su_button url=”https://firstamendmentcoalition.org/legal-hotline” target=”blank” style=”flat” background=”#23a0f3″ color=”#111010″ size=”5″ wide=”yes” center=”yes” radius=”0″ desc=”Click Here!” class=”div { font-size:x-small; }”]Denied public records? Ask FAC’s free Legal Hotline for help![/su_button] Q: Under the California Public Records Act (“PRA”), public records —

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A&A:City Surveillance Cameras and Public Records Law

Q: Are city-owned and operated surveillance camera recordings of public areas subject to disclosure in accordance with the California Public Records Law? A: Under the Public Records Act, public records — which include “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics,” Gov’t Code section 6252(e) — are presumed to be open to the public

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The CPRA and State Employees

The CPRA and State Employees Q: I am a state employee in a California agency.   Recently, I sent a request to my own agency requesting a record I believe to be public.  I used the advice provided in your tri-fold PRA brochure (ask informally before invoking the law, etc.)   After a week of no response, I wrote again yesterday (just a reminder).   I thought the delay might have something to do with the nature of

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School administrators and the CPRA

School administrators and the CPRA Q: Is a high school principal considered a public official?  E.G. are his/her “writings” public open to public view per the California Constitution? A: Under the California Public Records Act, “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics,” Govt. Code Section 6252(e), is “open to inspection at all times

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A&A: Are public records requests public records?

Q: Are public records requests that are submitted in writing themselves public records and subject to disclosure upon request? A: Under the Public Records Act, public records — which include “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics,” Gov’t Code § 6252(e) — are presumed to be open to the public and must be

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A&A: The CPRA and privately owned utilities companies

Q: Does the CA Public Records Act apply to a public, stockholder-owned company regulated by the California Public Utilities Commission? A: Whether or not records retained by the water company are covered by the Public Records Act depends on whether the company fits within the Act’s definition of “state or local agency.” A “state agency” is defined as “every state office, officer, department, division, bureau, board, and commission or other state body or agency, except

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A&A: School Superintendent Goals: Public or Private?

Q: School Superintendent Goals: Public or Private? Under the Brown Act, does a school board have the obligation to disclose the goals they set for the district superintendent of schools? Similarly, do they have the obligation to disclose the evaluation criteria for the superintendent of schools? The evaluation criteria for teachers is in the public record, so why not the same for the superintendent? A: The Brown Act governs public access to meetings and provides

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