Search Results for: 6254(b) litigation

A&A: Agency answered cure & correct letter with demonstrable falsehoods

Q: I sent a letter to a public agency requesting “cure and correction,” to a Brown Act violation.  The Agency responded with a signed document that contained demonstrably false statements of fact. What is the correct name and legal status of this response document? Is it a legal response that is subject to perjury or other criminal violations? A: As you may know, under the Public Records Act, public records — which include “any writing

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A&A: City finds many ways to deny CPRA requests for emails

Q: My newspaper has had difficulty accessing City emails via public records requests. Our city has a written policy of only making available email from the city server (city manager, city finance director, etc.) for a 30 day time period from the date of the submission of the public record request. PRA requests are repeatedly denied for documents (specifically email) outside the 30-day window even though that email still exists on city servers and are

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A&A: Accessing county’s payments to a doctor now under arrest for molestation

Q: I am a journalist and victims advocate. I wanted to know about whether it was possible to get records of payments made by all  County agencies–including the District Attorney’s office–to a child psychiatrist. The psychiatrist was arrested for molesting hundreds of boys and was under contract to the courts for four decades. We have reason to believe the DA’s office hired him as well, which would make their prosecution of him a conflict of

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71 Ops. Cal. Atty. Gen. 235 Disclosure of Records Pertaining to Litigation (1988)

Office of the Attorney General State of California 71 Ops. Cal. Atty. Gen. 235 Opinion No. 87-304 July 13, 1988 THE HONORABLE MAXINE WATERS MEMBER OF THE CALIFORNIA ASSEMBLY THE HONORABLE MAXINE WATERS, MEMBER OF THE CALIFORNIA ASSEMBLY, has requested an opinion of this office on the following questions: 1. What records pertain to “pending litigation” within the meaning of subdivision (b) of section 6254 of the Public Records Act? 2. Do records of a

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CPRA Primer: Access to records

RESOURCES ACCESS TO RECORDS Accessing Public Records IN CALIFORNIA California Public Records Act Primer Download the CPRA Primer Menu | Resources Table of Contents | CPRA Primer The First Amendment Coalition’s California Public Records Act Primer This primer was last updated March 2022 by FAC Legal Fellow Monica Price and FAC Executive Director David Snyder. It was created in 2006 by James Chadwick, then of Sheppard, Mullin, Richter & Hampton. I. Public Records Act Framework

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Golden Gate Bridge suicide records

Golden Gate Bridge suicide records Q: I recently made a request to the Golden Gate Bridge and Transportation District for copies of all incident reports from 2006 regarding suicides at the Golden Gate Bridge, attempted suicides, and interrupted suicides.  I had made a similar request for the records from 2004 a few years ago and was provided with the documents I requested. This time, however, the District responded that they had changed their policy and

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A&A: Is A Letter From A Water District Lawyer A City Attorney Public?

Q: The Municipal Water District had a contract to deliver water, but wanted to modify it. The District’s lawyer wrote a letter to the city attorney, attaching a draft civil complaint, asking for a set of changes, threatening to sue otherwise. “Settlement” meetings were in closed session. Now that a new contract has been agreed to, is the first letter a public record? How can we get it? A: It seems that the letter from

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Emails as public records

Emails as public records Q: To what extent is email correspondence a public record? Is the correspondence between two School District Directors on a particular subject recoverable even when the equivalent conversation via telephone would not be? A: E-mails are “public records” as defined by the California Public Records Act. Government Code section 6252(e) defines “public records” as follows:”Public records” includes any writing containing information relating to the conduct of the public’s business prepared, owned,

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A&A: My PRA request denied, but Buzzfeed published documents on similar case

Q: In 2014, I was working as a pharmacist for a temp agency that sent me to a District Hospital for three months. This hospital had many issues, and I tried to fix some of them. After I left, a CBOP inspector (a specially trained pharmacist) investigated the hospital pharmacy. In December of 2015, I received a letter from the CBOP citing me for a total of $5000. I was advised by my attorney that since it is a government

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71 Ops. Cal. Atty. Gen. 5 Lawyer-Client Privilege Doesn’t Automatically Terminate for Public Official with Settlement or Adjudication(1988)

Office of the Attorney General State of California 71 Ops. Cal. Atty. Gen. 5 Opinion No. 87-704 January 14, 1988 THE HONORABLE DWIGHT L. HERR COUNTY COUNSEL COUNTY OF SANTA CRUZ THE HONORABLE DWIGHT L. HERR, COUNTY COUNSEL, COUNTY OF SANTA CRUZ, has requested an opinion on the following question: Does the lawyer-client privilege or work-product rule, when relied upon by a public officer, automatically terminate with the settlement or adjudication of the underlying claim?

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A&A: District won’t release legal bills from defending workers’ comp cases

Q: My client has a worker’s compensation case with the school district and made a public records act request in order to determine how much the school district is spending in her case and in total for legal defense of workers’ compensation matters. It is our belief that the attorney is not settling cases for his own profit. The district refuses to turn over that information A: As I’m sure you know, under the Public

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Police Transparency Legal Compendium

police transparency guide open records Police Transparency Guide Download Police Transparency Guide Police Transparency Legal Compendium – Table of Contents The First Amendment Coalition is an award-winning, nonprofit public interest organization dedicated to advancing free speech, more open and accountable government, and public participation in civic affairs. Police transparency legal compendium Records that Can Be Obtained Under California Penal Code Section 832.7(b) In 2018 the California Legislature enacted S.B. 1421 which amended Penal Code section

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Details of Preliminary Lawsuit Settlements

Details of Preliminary Lawsuit Settlements Q: The Metropolitan Transportation Authority (MTA) board approved a settlement of a lawsuit by Clear Channel Outdoor regarding the removal of some billboards from MTA property to make way for a street improvement project.  On or about the same time, the MTA agreed to sell some surplus property to the City for a park project, on the condition that the city approve a supplemental use district allowing four new Clear

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County’s Technical Review

County’s Technical Review Q: We recently made a Public Record Request for documents relating to the County’s General Plan technical review and technical fix. The request was denied because: “…this draft is still undergoing internal staff and legal review. For that reason, the County is not able to produce the draft, or any memoranda or correspondence relating to it, as those records would be exempt from production under Government Code Section 6254(h). The records would

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A&A: When should “anticipated litigation” be agendized?

Q: In 2010 our City Council was contacted BY the IRS about a series of Build America Bonds that the City had received. The IRS felt that the money was spent improperly (by spending on acquiring an undeveloped parcel related to an unrelated legal settlement rather than by initiating a ”shovel ready” project). The IRS threatened to take the money back which would likely have bankrupted the City. This was made public two years later

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A&A: Access to City Manager’s compensation denied

Q: I am a  director for the Public Utility District trying to access the General Manager’s compensation information.  Another director asked for W-2s with confidential information blacked out. And was told via email that they do not have to provide them. What information am I entitled to and how to I ask for it? The GM told us that due to client confidentiality the board has to vote to review the billing statements. He only

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Investigative and disciplinary records pertaining to police officers

Investigative and disciplinary records pertaining to police officers Q: I requested information from the Police Department on an elder abuse investigation in the community. Through my open records request I was hoping to determine why the detective assigned to investigate, arbitrarily dismissed the case. The department gave no reason. I also asked whether there was any disciplinary action ever taken against the detective. But the department has declined to respond to my request. A: Under

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Accessing information on claims against school district

Accessing information on claims against school districts Q: Are claims filed against a school district public records and if so can a district redact names of minors or other information mentioned in such claims for any reason? A: The issue of access to Tort Claims Act claim forms has come up in several cases.  It is by now clear that claim forms are not exempt from disclosure under the pending litigation exemption (Gov. Code section

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FAC Prevails in Effort to Force CA Attorney General to Disclose Police Misconduct Files

A San Francisco judge today ordered California Attorney General Xavier Becerra to begin disclosing police-misconduct files sought by the First Amendment Coalition (FAC)—a victory for government transparency against one of the few remaining police agencies in the state to refuse to comply with Senate Bill 1421, California’s new landmark police transparency bill that went into effect on Jan. 1. San Francisco Superior Court judge Richard B. Ulmer, Jr. soundly rejected the Attorney General’s claim that

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