Search Results for: 6252(e), government entities covered by the CPRA

A&A: Does the CPRA cover private entities that do work for government?

 Q: I am a reporter  working on a story about a recent dog shooting by a police officer although animal control officers say they had the situation under control.  Reports were filed by both Humane Society animal control officers on  the scene when the dog was tasered and shot by the officer.  I understand one of the reports clearly calls into question the necessity of the shooting, but my request for the documents was denied

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A&A: Does the CPRA cover CA Energy Commission applicants?

Q: Tricky CPRA question regarding photos taken during a study undertaken by an an applicant for a California Energy Commission license. The company submitted a report, but CEC staff had many questions, and wanted photos, notes, data from the study, and to speak with the biologist who conducted it; staff requested a subpoena for the data and to have him appear at a workshop. The biologist appeared at the workshop and the applicant submitted the

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A&A: Are Special Districts covered by Brown Act, CPRA?

Q: I’m trying to track down the California law that authorizes special districts. It almost seems as if once in place and appointed, the dependent districts fall off the radar and don’t want to be known about or have their actions/inactions challenged. The one I’m battling seems to have never heard of the Brown Act or the California Public Records Act, to name just two. A: My review of the Government Code shows that there

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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: When government outsources program are documents public?

Q: I have asked the city for a particular statistical report about their red light camera system. They have refused to provide the records, and have ignored my offer to pay (per GC 6253.9(b)). The requested report is one which a city can obtain by going to the website of their red light camera vendor, selecting the report from an on-screen menu of report types, then selecting the intersection to be covered by the report,

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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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Charter schools and the CPRA

Charter schools and the CPRA Q: Are California Charter Schools considered a California State agency and subject to the California Public Records Act? A: We are not aware of any California court cases specifically addressing the Public Records Act as it relates to charter schools.  Under the Public Records Act, a public record includes “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or

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Sample CPRA request letter

resources ACCESS TO RECORDS Sample CPRA Request Letter Menu | Access to Records Download CPRA Sample Letter Date Name and Title [of the official with custody of the records] Name of Agency Address RE: Public Records Act Request  Dear, I am requesting access to records in possession or control of the [insert government entity] for the purposes of inspection and copying pursuant to the California Public Records Act, California Government Code § 6250 et seq.

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A&A: Access to government officials’ email on personal account

QUESTION: Suppose a public official advises certain persons to communicate with him at home — either by email or letter — in order to avoid having to disclose any of those communications as public records under the California Public Records Act? Would those records, in fact, be exempt from the PRA? ANSWER: I am not aware of any law that would prohibit a public official from using his home address or personal e-mail account to

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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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Charter Cities and the CPRA

Charter Cities and the CPRA Q: Our local taxpayers group is seeking public records from our City.  It is our contention that under Article 11 Section 5 of the CA Constitution, that the Charters of Charter Cities supercede the CPRA when it comes to what local records are available for view to the public. We believe that management of local public records are considered “Municipal Affaires” and with the exception of some criminal records, and

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Regional Centers and the CPRA

Regional Centers and the CPRA Q: Are the roughly 21 private non-profit corporations known as Regional Centers (effectively created by the Lanterman Act)  that operate under contract with the Department of Development Services, subject to the Brown Act, and thus, to the CPRA? A: The mere fact that a nonprofit is created by state action or contracts with a state agency would not subject it to the requirements of the CPRA.  As you suggest in

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A&A: Charter schools and public oversight

Q: I have reason and documentation to believe that the charter school my children attend has not been properly permitted and fire codes have been violated. The Governing Board falls under the Brown Act as a California Nonprofit Public Benefit Corporation. Can I request and receive copies of permits from the school for the portable classrooms on campus? Because one of the Board members is affiliated with the City Office I was told I couldn’t

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City Clerk’s obligation to the CPRA

City Clerk’s obligation to the CPRA Q: Is there any law about City Clerk’s responsibility to Public Records Information requests? Could you point me to the correct resource on the Clerk’s legal responsibilities? The Clerk is both our elected City Clerk as well as a city employee administering the City Clerk’s office. A: I understand your question to be whether the City Clerk has the obligation to comply with requests for public records in accordance

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A&A: Charter schools and the CPRA

Q: I submitted a CPRA to the Charter School my child attends. I attached a table of 36 sets of board meeting minutes that were either completely missing from the school’s webpage, or were incomplete draft versions. These missing minutes span three years. The minutes that are missing surround major events that took place such as controversial board member resignations, votes to amend bylaws, votes that involved irregular activities and potential conflicts of interest and self-dealing.

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Google introduces Google Apps for Government

At a press event at its headquarters this morning, Google announced Google Apps for Government-a new version of its Google Apps productivity suite that’s been certified by the US government as meeting its security requirements. PC World July 27, 2010 By Harry McCracken The new version is a variant of Google Apps Premier edition, and includes the same core apps: Gmail, Calendar, Docs, Sites, Groups, Video, and Postini. Pricing is the same as for Google Apps

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A&A: Access to sheriff’s e-mail and phone records

Q: Our new sheriff is using his personal cell phone and personal e-mail for conducting county business. He rarely uses his county-issued phone or his official county e-mail address to respond to citizens,  instead public inquiries will be answered via his private e-mail. I believe there is some other activity going on as well, including leaking personnel file details about deputies and staff who disagree with him to a guy running a character assassination blog

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A&A: Are not for profit charter schools required to comply with the CPRA?

Q: Under the CA Public Records Act, are not-for-profit charter schools required to comply? Are any not-for-profit (public, private, charter, etc.) required to comply? A: I’ll address your questions in reverse order.  With respect to your second question regarding whether schools are subject to the PRA depends on a few things.  Generally in our experience, non-profit charter schools that are funded with taxpayer dollars are, more often than not, subject to the California Public Records

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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: How does the CPRA deal with emails between elected officials

Q: Can email sent by a California Special District elected official to other directors or the district office concerning district business be subject to examination using the Public Records Act? Would it make a difference if he used his personal computer to send an email to another elected official? A: Under California’s Public Records Act, “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state

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