Search Results for: appointment calendar 6255

A&A: On access to government officials’ appointment calendars

QUESTION: I requested calendar appointments of the Superintendent  for my district. He refused saying they were exempt from the Public Records Act pursuant to Govt. Code 6254(a) and (k) and 6255, as they relate to the “deliberative process.” However, I understand that the agency must clearly explain not merely state why the public interest does not favor disclosure. (Times Mirror v. Superior CT.) I responded with codes 6253(a) They’ve also postponed other records past the

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Mayor’s appearance calendar

Mayor’s appearance calendar Q: A local activist says that the Mayor and City Attorney “have both sent me letters refusing to divulge the mayor’s calendar of scheduled May appearances as Mayor and/or his appointment book of meetings as Mayor for the past two months.” Is this legal under Prop 59? A: In 1991, the California Supreme Court ruled that something called the “deliberative process” exemption allowed the Governor to refuse to release copies of his

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Access to appointment calendars

Access to appointment calendars Q: Can one use Proposition 59 to justify a public records request of the sheriff’s calendar? A: You can request access to the Sheriff’s calendar pursuant to both the California Public Records Act (CPRA), specifically Government Code section 6253(b), and “Proposition 59” which is actually part of the California Constitution (Article I, section 3(b) of the California Constitution, to be precise).Neither the CPRA nor Article I, section 3(b) of the Constitution

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Schwarzenegger’s Calendars

Schwarzenegger’s Calendars CFAC sued Governor Arnold Schwarzenegger to obtain his calendars of meetings and those of his top aides. CFAC argued that a state Supreme Court decision sustaining a denial of access to these records was implicitly overturned by Prop 59, which the governor had championed during the election. Schwarzenegger settled, agreeing to turn over nearly all the calendars. Legal Documents Commentary In the news Legal Documents Verified Petition for Writ of Mandate Governor’s Office

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A&A: Can cities withhold public access to calendars?

Q: My City is planning to build a large in-patient psychiatric hospital less than 600 feet from a high school. So far there have been zero safety assessments and yet the City is trying to push it through. We figured this out via a PRA request and subsequently I’ve been making several PRAs – I received a response today and asked for access to the City’s calendars. Without providing any description as to why, they exempted

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A&A: Can I use the PRA to request lawmaker’s emails and calendars?

Q: Please tell me how I can go about submitting a PRA request for a lawmaker’s emails and calendar, and for the agendas of a legislative caucus. To whom do I submit my request? A: Statutes governing access to public records differ depending upon the person from whom you seek the records.  The Public Records Act only applies to records “prepared, owned, used, or retained by any state or local agency…”  Gov’t Code § 6252(e)(emphasis

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A&A: Records request denied due to “deliberative process privilege”

Q: My city is claiming “deliberative process privilege” in redacting the planning director appointment calendar. I’m wondering if there have been any successful challenges to the deliberative process privilege since Schwartznegger’s refusal to turn over appt calendars for two aides citing this privilege? A: It has been argued, and a state appellate court has rejected, that Prop. 59 was intended to eliminate the deliberative process privilege. See Sutter’s Place Inc. v. Superior Court, 161 Cal.

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Filing a Vacancy by Closed Session Appointment

Filing a Vacancy by Closed Session Appointment Q: The local School Board filled a vacancy on the Board by appointment.  The filing deadline for interested applicants was 6 hours prior to the beginning of the School Board meeting.  The appointment decision was made at that meeting. Should the agenda state the names of the applicants who were interviewed during the meeting? If a public citizen asked to see the application material and was turned down,

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A&A: Public Records Act Request Denied Due to Inability to Redact “Deliberative Material”

Q:  In response to public comment that I made before the school board, the school district’s Charter School Division sent an email to a charter school asking for data so that they could report back to the Board.  I sent a Public Records Act request to the District asking for a copy of the report that was generated using this data. The school district has informed me that the records that I requested are exempt

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A&A: Does “Deliberative Process Privilege” Allow California governor to Withhold Communications Relating to Voter-Mandated Study?

Q: I submitted a California Public Records Act request to the California Department of Public Health, Bureau of Cannabis Control (BCC), Gov. Newsom, CA Department of Tax and Fee Administration and Attorney General Xavier Becerra regarding the voter mandated nonprofit feasibility study required by the text of CA Prop 64. I received a response from all agencies, except the BCC stated the department needed 60 days to produce the records they were in possession of.

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Requests for applications of public positions

Requests for applications of public positions Q: I live in a City with a deep history of closed government.The City Clerk has just notified me that I can not review (partially redacted) copies of job applications of the director of the City’s planning department. I will not be allowed to see anything.It is my understanding that CFAC’s stance is that I should be allowed to review such materials. Do you have any suggestions as what

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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: How can I get around the CPRA “catch-all” exemption?

Q: A recent CPRA request  to the  California Department of  Justice resulted in a partial denial of responsive records; they claimed the deliberative process exemption for the records not provided (citing Times Mirror). If a process is not related to something truly requiring secrecy, are there any options to pursue this information and what would be the appropriate response to their letter? A: For background purposes, Government Code section 6255(a) of the Public Records Act,

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68 Ops. Cal. Atty. Gen. 73 Amounts and Reasons for Executive Officers’ Performance Bonuses Subject to CPRA(1985)

Office of the Attorney General State of California 68 Ops. Cal. Atty. Gen. 73 Opinion No. 84-1204 April 18, 1985 THE HONORABLE MICHAEL D. BRADBURY DISTRICT ATTORNEY OF VENTURA COUNTY THE HONORABLE MICHAEL D. BRADBURY, DISTRICT ATTORNEY OF VENTURA COUNTY, has requested an opinion on the following question: Are records of the amounts and reasons for performance awards granted to executive managers of a city subject to disclosure under the Public Record Act? CONCLUSION Records

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A&A: State appointed School District Trustee violating Brown Act, CPRA

Q:  In October 2012 the State took over the school district and our School Board lost its authority. A State Trustee was appointed and he acts as the School Board. Our group has been monitoring the administration of the school district since April 2013. Since then we have observed numerous violations of the legislation authorizing the takeover of the school district SB 533, the California Education Code, the Public Contracts Code, the California Public Records

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California open government initiative: Pdfs obscure transparent government

Reacting to recent scandals, Governor Arnold Schwarzenegger is requiring staff and agency executives to put travel reimbursement claims and gift reports online. But when the information is put into pdfs, it is not possible to access it in any intelligible way. -DB CalAware April 2, 2009 CalAware Commentary OPEN GOVERNMENT — We’re going to be a nag about this. Putting public officials’ travel expense claims and other integrity-sensitive information on the Internet as pdfs is

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Giving conditions to public records requests

Giving conditions to public records requests Q: I am a paid-call firefighter (Volunteer) at a Fire Protection District in the Bay Area. I am writing about and incident that happened to me. I telephoned the district’s secretary and asked if I could see the last six months of minutes from the Board of Directors meetings.  She told me that they were locked up at the station and she would get back to me. I was

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A&A: Can I access emails of city employees using personal emails for city business?

Q: Our newspaper made an public records request for ”all emails to and from city employees” regarding a new parking meter system the city is using.  Our intention is to see whether employees have written emails stating that the system is not working properly. In response, the city attorney exempted an unspecified number of emails citing a ’deliberative process’ exemption in CCC 6252(d), 6254(a) and (k) and 6255. He cited cases including Rogers v. Superior

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EPA alerts employees to transparency principles

The head of the U.S. Environmental Protection Agency recently reminded employees of their obligation to make decisions with the fullest possible public participation and the importance of making these decisions in a way that does put special interests above the public. -DB OMB Watch May 6, 2009 In a recent memorandum to employees, the head of the U.S. Environmental Protection Agency (EPA) outlined broad principles of transparency that will govern the agency’s interactions with the

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A&A: Does short notice of public hearing invalidate contract?

Q: DMV code requires a Public Hearing before entering into a Red-Light Camera Contract. I contend the new contract our city council has approved is invalid because the requirement for a public hearing was not met. The city manager proposed a new contract when the current contract expires June 30. The Public Hearing was noticed on May 18 in a local newspaper for a June 1 meeting, at which time the city council  was to

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