FAC

A&A: Are school district’s attorney fees public records?

Q: I would like to know if a detail report of legal counsel’s fees charged to the district is a public record.  The attorney has told the district administrator that his invoices are not public records. A: The California Public Records act provides access to any “writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency.”  Govt. Code § 6252(e). When a member of the

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A&A: Can the City Council ban non-disruptive clapping by audience members?

Q:  I am requesting help re the “crime” of clapping at a City Council Meeting. I’m referring to clapping that is not substantially disruptive. The City Council has started to interpret a clause of the Policies and Procedures Manual (Section 4.4 Disruptive Conduct) to disallow clapping of any sort after a Public Forum speaker has spoken to a subject. The public was advised they would be removed by the POLICE if they continued to clap. The

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A&A: Does the Brown Act require meeting minutes?

Q: The High School District board stopped taking minutes at their meetings? Can they do that under the Brown Act? A: The Brown Act is silent on legislative bodies’ duties with respect to taking notes or keeping minutes of meetings.  Typically, such requirements would be found in a legislative body’s bylaws, or possibly an ordinance that governs the legislative body (though since this is a school district, it is unlikely that such requirements would be found

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A&A: Can I be denied access to files on decades-old, closed murder case?

Q: I am researching a decades-old murder.  I have spoken with the DA’s Chief Inspector about the case and he is unwilling to share any information with me whatsoever. Therefore, my only real recourse is to attempt to secure relevant files, videos, pictures, coroner’s report, police report, and notes the information via a FOIA request. That having been said, I am not sure who I should approach with my request. Should I send it to the AG’s office,

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A&A:What is the CPRA rule regarding retention of emails?

Q: As far as the CPRA is concerned, I filed for any emails concerning media policy and the district told me that emails are only archived for four years. Is that legal? Is there a statute of limitations on how far back public agencies must keep emails on file? A: The Public Records Act is not a records retention act, and is therefore silent on this front. There are several other statutes that govern various agencies’

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