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Asked & Answered

A&A: Denied access to supervision records of high-risk parolee

FAC November 30, 2011

Q: Message I’m trying to obtain records of supervision for a high-risk parolee who is accused of murder. I sent a public records request and received a rejection letter that cites dozens of government codes in its defense. But I wonder if there’s a way to fight that rejection. After all, that information has become public in several high-profile cases such as Phillip Garrido and John Albert Gardner. I have the letter of rejection if

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A&A: School board keeping exorbitant attorney fees in closed session

FAC November 29, 2011

Q: As a school board member I have tried, but failed, to have the copious exorbitant legal billings by the district’s attorney released to the public.  So far the attorney’s fees of $50k to $70k per month (the amount of almost $1million is rapidly approaching) have been discussed in closed session and the rest of the board members what to keep it that way . I consider the attorney just like any other a vendor and

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A&A: Can new board member get updated on past closed sessions?

FAC November 28, 2011

Q: I am a newly elected school board member. Our upcoming agenda will contain a closed session item that has also been discussed in closed session prior to my appointment. Can I ask the staff and board members who participated in the prior closed session to divulge what was discussed? A: I am not aware of any authority specifying whether a new member of the legislative body is “a person … entitled to receive” confidential

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A&A: Should I need authorization to access arrest records?

FAC November 22, 2011

Q: I submitted a request arrest and incident reports from a police department for a case involving my client but I got a call from someone in the Records Department who said that I needed to submit signed authorization from my client. Is that the case in your practice? A: If a person were submitting a request for reports under the Public Records Act, then there would be no requirement to submit any kind of

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A&A: Does a councilmember use of personal email address mean all messages are exempt?

FAC November 22, 2011

Q: I was wondering if a city councilmember uses his personal email address as his primary source of contact, lists it on a city’s website as his email address, if any communication done on that email address is still exempt from the California Public Records Act? Is any legislation is coming down the line to address that? A: First of all, there is no rule that e-mail communications regarding the public’s business that are sent

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