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Asked & Answered

A&A:Public comments on water rates closed, item still on agenda

FAC November 24, 2009

Q: The current City Council Agenda contains the following item: “DISCUSSION AND POTENTIAL ACTION ITEMS. Introduce and Waive the First Reading of One of the Three Ordinances Relating to Establishing Rates for Water Service Fees.” Here is the problem. We are not being allowed to comment about this item at all, even though it has been on multiple Agenda’s and postponed multiple times. The City Attorney says we can’t comment on it because the Prop

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A&A:City wants me to pay to see report on fire at my house

FAC November 24, 2009

Q: I just requested an incident report from the Fire Department relating to a fire at my property. They wanted to charge me $16 just to view the record, and said that they had been authorized to do so by the City Council.  Is this legal?  GovC 6253(b) authorizes charges “… of fees covering direct costs of duplication, or a statutory fee if applicable.”  Does a city council resolution and ordinance authorizing the $16 fee

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A&A: Access to public records denied during business hours

FAC November 20, 2009

Q: On at least four occasions , I have gone to the Park and Recreation Department to review public records (on site, in the building) during normal business hours and I have been sent away. If at all possible, I would like to file a motion this week to force the department to allow me access to these and other records. A: I am sorry to hear that you are having such a hard time

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A&A: Councilman asks intern on date via city issued cell

FAC November 20, 2009

Q: I have learned that a city councilman was sending text messages to a city intern, asking her for a date. I would like to file a CPR request for the text messages sent from his city issued Blackberry. I’m sure they (the councilman and the city attorney) would try to argue that such a message was personal but I feel that the text was a form of sexual harassment, was improper, and was a

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A&A:City Surveillance Cameras and Public Records Law

FAC November 20, 2009

Q: Are city-owned and operated surveillance camera recordings of public areas subject to disclosure in accordance with the California Public Records Law? A: Under the Public Records Act, public records — which include “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics,” Gov’t Code section 6252(e) — are presumed to be open to the public

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