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firstamendment

Destruction of Memos by the Police Department

firstamendment June 14, 2009

Destruction of Memos by the Police Department Q: Our chief of police surveyed the officers of his department then summarized their responses in a memo to the city manager. Then the survey responses were destroyed. The responses were much less than two years old, and were submitted by the officers anonymously, so no survey response can be traced to an individual officer. The survey asked the officers about the operations of the department. Was destruction

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A&A: County Bar Association and the CPRA and Brown Act

firstamendment June 14, 2009

Q: I am reading the Attorney General opinion concerning the private cable company that must comply with open meeting and records requests — would this apply to a local County Bar Association which has been delegated certain county functions.  It would seem to me that it would; but they are taking a very aggressive stance with me as I try to ask these questions. A: It sounds like you are talking about the 2002 AG

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Criminal Investigation Files and the Department of Toxic Substances Control

firstamendment June 14, 2009

Criminal Investigation Files and the Department of Toxic Substances Control Q: I am seeking the file of a criminal investigation of a polluting company carried out by the CA Dept. of Toxic Substances Control. The case is closed, having been adjudicated by a no plea in 1994. The department will not release the file, saying that there is an exemption for disclosure of DTSC investigations. I have been unable to find any such exemption, and

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Planning Commissions, Confidential Complaints, and the CPRA

firstamendment June 14, 2009

Planning Commissions, Confidential Complaints, and the CPRA Q: At a Planning Commission in our city an applicant applied for a variance regarding the height of a fence as a result of a complaint. Prior to the hearing a Planning Commissioner revealed that she was the complainant and was stepping down from the hearing. Another Planning Commioner evidently found out who had made the complaint. This Planning Commissioner has taken it upon herself to have filed

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Emails and the Public Record and Brown Act

firstamendment June 14, 2009

Emails and the Public Record and Brown Act Q: A member of a public board has been carrying on an email conversation with me about matters before the board, copying all the other members of the board on his messages to me.  Is this email thread (1) a public record, and (2) a violation of the Brown Act? A: Public Records Act A public record is defined by Section 6252(e) of the California Government Code

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