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Asked and Answered

A&A: CPRA Request Denied Citing “Invesitgatory Files” Exemption

Q:  I made a CPRA for the Complaint report filed against my mother’s daycare. The allegations were completely false and I have a report from the Dept. of Social Services stating the allegations are false and she has been completely cleared. The PRA Attorney for Dept of Social services has denied my request because of …

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A&A: Can Employment Records & Dismissal Be Presented in City Council Open Session?

Q: Recently a local City Counsel meeting was to be held as an open session to hear non-adopt arguments with regard to a proposed Administrative Law Judge’s (ALJ) decision to fully reinstate employment of a firefighter. My husband never received notice of the open session (hearing). Also, on the agenda it listed his full name and …

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A&A: Requested Email Failed to Disclose BCC Recipients

Q: I am a school district trustee with concerns about a fellow trustee. The district received a PRA request for an email sent from the board member’s personal email to his school email. It was blind copied (bcc’d) to others. The PRA request asked for the complete email, including recipients. An affidavit, signed by the board …

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A&A: Government Not Providing All Records Requested

Q: I submitted a CPRA and have not disclosed all of the documents from one of the categories I asked for. I requested specific photos of weapons that were found by park rangers and they are only releasing pictures from a portion of the ranger program. They did not disclose that there are additional photos, …

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A&A: Does A Closed Session Employment Termination Decision Violate the Brown Act?

Q: After four years of service as the Library Director of the City’s Public Library, I found out yesterday that I am to be terminated from this position. The decision took place during a special meeting of the Library Board. I was at the meeting, but not invited to attend the closed session. The meeting …

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A&A: Do Volunteers Working with CA Prisoners Have the Right to Publish Stories About The Experience?

Q: What are the rights of a prison volunteer in California who wishes to write about his or her experience of working with prisoners in the realm of education, particularly if the education has an activist component around mass incarceration? California Code of Regulations Title 15, section 3261.1 specifies that the use of “facilities, staff, …

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A&A: City Stonewalls CPRA Request for Sexual Harassment Complaints Against Council Member

Q: I recently submitted a public records act request asking for all complaints filed by city employees against sitting council members. As a local journalist, I got a tip that a council member may have had a number of sexual harassment complaints filed against him. After asking for several extensions, the city responded today. They objected …

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A&A: Many Colleges Denying My CPRA Request for Title IX Report

Q: I’ve run into trouble with a CPRA request I submitted. I requested Title IX investigations reports from every college in California. Several community colleges are denying my request using FERPA, which the US DoE said does not apply to investigation reports in a Dear Colleague letter. Other schools are charging absurd amounts of money …

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A&A: Councilmembers May Have Met Privately to Agree on Vote Outcome

Q: The City Council recently placed a rent control measure on the November ballot, and one of the Councilmembers who suggested a change to it before it was voted on, told an online newspaper: “[The Councilmember] said deals had been made to line up enough votes for that 15-year timeline, but “I saw an opportunity …

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A&A: If A Lawyer Sends A Threatening Letter to A City Attorney Marked “Confidential” Is It?

Q: The entire re-casting of the agreement between the City and the County was initiated with a letter from a lawyer who wrote the City Attorney a letter. He attached a draft civil complaint of what they might file, a central set of arguments the consideration of which must have led to further discussions, and the …

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