Archive | Asked & Answered RSS feed for this section

A&A: Coastal Permit access under PRA

Q: I am looking to acquire a copy of Coastal Permit (4-90-9 A-1). Please advise. A: Coastal permits held by a state or local agency would presumptively be subject to disclosure under the Public Records Act, so obtaining a copy of the permit that you seek probably requires making a simple request for it from the agency.  You […]

Continue Reading Comments { 0 }

A&A: Request for public information not honored

Q: I made a request for public information four months ago from my local school district and I have not received the requested information. Please advise. A: The Public Records Act contains various provisions related to the time an agency has to respond to a request for public records, as well as the disclosure of those […]

Continue Reading Comments { 0 }

A&A: Are police informant contracts subject to the PRA?

Q: I am a journalist investigating the local County Narcotics task force and their use of confidential informants. I know the task force has their informants sign contracts – I want to file a public records request for full disclosure of said contracts. I know they will likely deny this, but is there any way to […]

Continue Reading Comments { 0 }

A&A: Records retention and PRA

Q: Suppose I make a request for records from a public agency, but their records retention policy allows the records to be destroyed before the agency produces them. Does the Public Records Act require a suspension of the destruction of records if a request has been made? A: Unfortunately, the Public Records Act is not […]

Continue Reading Comments { 0 }

A&A: Does an email search qualify as “data compilation” under CPRA?

Q: A local agency claims that collecting emails via a search term falls under the “data compilation” clause of CPRA 6253.9(b)(2) and therefore they can charge me to inspect them. Is the agency correct? A: The agency’s contention that the data compilation provision allowing fees for these tasks applies to its search for emails is, […]

Continue Reading Comments { 0 }

A&A: Are Neighborhood Associations protected under the First Amendment?

Q: My City’s Code creates a system of Neighborhood Associations and, above them, a tier of District Coalitions. The NAs and DCs are quasi-governmental bodies supported and funded by the City to assist with neighborhood-level governance and participation in city decision-making; however, they have non-profit status. One of the NA board members is facing litigation due […]

Continue Reading Comments { 0 }

A&A: Closed door assesor appointment – possible Brown Act violation

Q: I believe an individual was appointed County assessor unfairly through an exchange wherein the newly appointed assessor promised the supervisor board he would not run for mayor. I am seeking record of this agreement; I believe it could be in violation of the Brown Act, please advise. A: The Brown Act serves to facilitate […]

Continue Reading Comments { 0 }

A&A: Expressive conduct at International Airport

Q: My permit to promote awareness of my company was denied at an International Airport. However, based upon the permit application, I do not see any basis for the rejection, is this a violation of my First Amendment rights? A: It sounds like you would like to advertise your company in person at the airport.  […]

Continue Reading Comments { 0 }

A&A: CPRA for personal medical record

Q: I recently submitted a CPRA request inquiring about my personal medical record. The CPRA was accepted but certain information that I requested was forwarded to several medical departments, requiring their consent to disclose. If a document is not responded to through a CPRA, what are my further options, or entitlements (preceding an expensive court […]

Continue Reading Comments { 0 }

A&A: Is a Coordinating Committee exempt from the Brown Act?

Q: The elected Community Advisory Group, created under the Planning Department of my County, convenes a coordinating sub-committee to review the Advisory Group’s standing rules. The Coordinating Committee chairman does not follow Brown Act obligations (e.g. requirements for notice, agenda, etc.) because he maintains that the Committee is Ad Hoc. Is the Coordinating Committee subject […]

Continue Reading Comments { 0 }