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FAC

A&A: Is there a statute of limitations on CPRA cases?

FAC August 24, 2010

Q: I have read the California Public Records Act and I have been unable to find a statute of limitations. Are you aware of any authorities that indicate how long a plaintiff has to sue under the CPRA? A: The Public Records Act (“PRA” or the “Act”) does not provide for a statute of limitations for filing suit to enforce the provisions of the Act, and it is not entirely clear what statute of limitations

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A&A: Is CPRA 10-day deadline measured in calendar days or weekdays?

FAC August 23, 2010

Q:The PRA provides that “[e]ach agency, upon a request for a copy of records, shall, within 10 days from receipt of the request, determine whether the request, in whole or in part, seeks copies of disclosable public records…” Govt Code § 6253(c) Is that 10 business days or 10 calendar days? How long do I have to wait before sending a followup request to which I have not gotten any response? A: The 10-day period

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A&A: How does the CPRA deal with emails between elected officials

FAC August 21, 2010

Q: Can email sent by a California Special District elected official to other directors or the district office concerning district business be subject to examination using the Public Records Act? Would it make a difference if he used his personal computer to send an email to another elected official? A: Under California’s Public Records Act, “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state

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A&A: Is a weekly Rotary Club meeting a “Social or Ceremonial” event governed by the Brown Act?

FAC August 20, 2010

Q: Is a weekly Rotary Club meeting considered a “Social or Ceremonial” event that would be governed by the Brown Act? A:It seems unlikely that a Rotary Club meetings would be subject to the Brown Act. If such a meeting were to be considered the type of social or ceremonial event that would implicate the Brown Act probably depends in large part on the substance of the meeting. In a 1964 opinion, the Attorney General

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A&A: The DA gives information to other media, but refuses to make it available to our newspaper

FAC August 20, 2010

Q: I uncovered an election-time irregularity in the office of the District Attorney. This news led to his assistant’s departure. Now, the DA refuses to provide public information on court cases that we can only get (and have gotten for 35 years) over the phone. I believe there is a statute somewhere that requires government officials to provide news to outlets on a non-discriminatory basis. The DA does give info to other news media here.

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