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Asked & Answered

A&A: Is a Salary/Wage Review Really A “Trade Secret”?

FAC July 2, 2010

Q: Our District Hospital contracted with a company to do a salary/wage and benefit review of hospital employees. They are meeting in closed session and discussing this report as a “trade secret.” I have requested a copy of this report under the CPRA and was refused based on the trade secret exemption. Their response was, “Said records are not subject to public disclosure as they constitute valuable trade secrets of the District which if disclosed

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A&A: Does city’s “fee schedule” for public records violate CPRA?

FAC June 24, 2010

Q: A media partner of ours reported that a municipality has adopted a “schedule of charges” for public records requests. The board voted that there will be a $25 administrative fee per request. The number of pages requested will generate additional fees. The first 10 pages of records will cost $1 per page and each additional page up to 50 pages will cost 25 cents per page. Requests that exceed 50 pages will be provided

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A&A:Board Conducting Public’s Business Via Private Emails

FAC June 23, 2010

Q: It became apparent yesterday morning that the Board of Directors of our Community Services District is conducting a significant portion of its business via email.  The emails would have originated from at least six personal private computers. Such email has not been made part of the public record. Under CPRA I have requested copies of all emails between Board members for the past two years. I do not expect to receive them, for a

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A&A: Tax Document Exemptions from Public Records Requests

FAC June 23, 2010

Q: We requested consultant contracts from the county office of education, but the information we received was incomplete.  We’ve thought of requesting the list of consultants who received an IRS 1099 form, but we’re concerned that we would be denied the information on the grounds that it falls under the “tax” exclusion section of the PRA.  Is there wording that would work? If we had the list, we could then request the contracts; however, the

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A&A: Can Golf Group Nix Magazine Give Away in Parking Lot?

FAC June 23, 2010

Q: I publish a golf lifestyle magazine. We had planned to distribute our magazine free at the parking lots during the US Open. The general parking is at Cal State Monterey Bay and is free. Can the USGA (United States Golf Association) legally prevent us from accessing the lots and passing out the magazines? If there’s a citation of a case, that would be very helpful. A: From what I understand, you would like to

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