Asked & Answered

A&A:Fire Department Mishandled Response to CPRA Request

Q:  I submitted a Public Records Act request to the metro Fire Department on an employee misconduct and abuse of power case which was captured on video. It was submitted on Oct 17, 2017. The department did not respond by Oct 27 as dictated by the 6253(c). On Nov 6, 2017. I contacted the department and they responded that the clerk who received the request on Oct 17th told me it would take longer. I responded

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A&A: Can A Request for A Code Enforcement Complaint Be Denied?

Q: I’m a reporter doing a story about an elderly woman who owns a house that is in disrepair. Code enforcement has been after her to clean it up.  I called code enforcement to ask for a copy of the complaint and was told to submit a public records request, which I did. They rejected the request because it’s an open case. Is that justified? The woman gave me a copy of the complaint, which

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A&A: Blocked and Bullied by City Council Member

Q:  There has been an ongoing battle to maintain my First Amendment right in City Council to testify against policies that I feel are unjust. In March, the Council voted unanimously to keep me and others out of City Council hearings should they deem it necessary. In their votes, both a commissioner and the mayor acknowledged it may be unconstitutional to do so, but they did it anyway. The ACLU took up my case but

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A&A: Are state Task Force meetings covered under the Brown Act?

Q: The state has assembled a Task Force and advertises its meetings (quietly) but claims they are not public meetings. They’ve said I can’t attend. In fact I don’t even know whether the meetings take place at a physical location or are mere conference calls. I believe they are public meetings because the Task Force is a body made up of members who are members of a state body. A:  While it would be great if

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A&A: Does Brown Act allow vote to be changed after a meeting adjourns?

Q:  I  recently witnessed a Planning Commission vote which was changed after adjournment. There is a “protocol” listed on the city’s website that says a vote can be changed within 48 hours. That sounds like a violation of the Brown Act to me. A: Given that, per the Brown Act, legislative bodies are generally required to conduct their business in open meetings, and cannot meet or otherwise confer with each other outside the confines of a properly

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