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Asked & Answered

Length of time agencies must hold on the public records

firstamendment June 13, 2009

Length of time agencies must hold on the public records Q: Are there legal guidelines for the length of time Board meeting documents and recordings must be kept? A: Under Cal. Gov’t Code Section 6200, the destruction of public records is a crime unless otherwise authorized by law.  Section 6200 provides: Every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in

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Access to rezoning information

firstamendment June 13, 2009

Access to rezoning information Q: Our local school district here in decided that they want to rezone school boundaries. The district went ahead and formed a committee to make boundary recommendations. The committee members were chose by invitation only, without any notice to the public at large. We (myself, and other members of the community) recently learnt that all this has happened, and that the committee has already had one meeting. The school district has

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Deliberative process and the public record

firstamendment June 13, 2009

Deliberative process and the public record Q: 1) Are public record emails to and from an elected county supervisor and his aides and staffers off limits, as the county counsel never quoted a legal reference when denying my request for such, only writing my “request may seek records that reflect the deliberative process contributing to an executive or legislative decision, “It’s believed communications exist chronicling a County Supervisor quashing, and meddling into, a reported Elder

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When it’s okay to record public officials

firstamendment June 13, 2009

When it’s okay to record public officials Q: I belong to a HOA that is a California Non-profit Corporation.  Last week I went to talk with the on site manager at his office. He use his desk computer to video tape with audio) our meeting without my knowledge. His office is inside our Clubhouse, I think some were in the Clubhouse there is a sign that read Video surveillance. Is this legal? A: Penal Code

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Going after omitted information

firstamendment June 13, 2009

Going after omitted information Q: What are my options for going after e-mails we believe were omitted from a public records request? A: As a general rule, emails are treated as written documents subject to disclosure under the California Public Records Act (PRA).  See San Lorenzo Valley Community Advocates for Responsible Education v. San Lorenzo Valley Unified School District,  139 Cal. App. 4th 1356, 1411 (2006). If you believe that emails responsive to your request

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