FAC

A&A: Can I withdraw part of a CPRA request?

Q: I have a request pending with a government agency, and based on questions answered in an interview, I would like to withdraw a portion of the request. Is it possible to withdraw a portion of a request under California public records law? Or would withdrawing a portion nullify my rights to the other records (and technically, I could be forced to start the process all over again)? A: There is no downside to withdrawing

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A&A: Right to online publication of events at my preschool

After dismissing a 3-year-old  student for extremely bad behavior, the child’s parent retaliated by adding my business to several consumer websites and posting scathing reviews of my school. He egregiously misrepresented facts about the situation with his child and my character.  I responded  with a point-by-point rebuttal of the false claims. I never mentioned the child’s name, although I included one photo in which the face and body of the child are not visible. He is

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A&A: Is a city’s Building Board of Appeals a standing committee?

Q: I am trying to determine the requirements for a City Building Board of Appeals. Every city is required to have a Building Board of Appeals (BBA) pursuant to the California Building Code. Members of the BBA are appointed by City Council. The BBA only meets when someone files an appeal of a City-approved demolition or building permit. As a result, the BBA can’t anticipate meetings and approve or adopt a meeting schedule in advance. Section

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A&A: Can I go to small claims to appeal a denial of my CPRA request?

Q: I understand from your website that there is no administrative appeal process for someone whose request for records was denied under CPRA, and that litigation is the only recourse. Given that, could I feasibly go to small claims for relief in equity to appeal the denial and get my records? Just to clarify, does that also hold true for the Information Practices Act? [The Information Practices Act of 1977 (California Civil Code, sections 1798 et

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A&A: When does a non-profit fall under the Brown Act?

Q: If a city establishes an Association and it is registered as a nonprofit under 501(c)(6) does that Association fall under the Brown Act? If the Association does receive monies from the City under an Assessment is the Association under the Brown Act? If the Association establishes a new organization and is registered as a 501(c)(3)to become eligible for grants does that organization fall under the Brown Act? If the Association gives money to the

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