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Asked and Answered

CPRA

Documents once public now denied

[…] that group. Since July 26 2010 we have submitted the same records request have been denied under Government Code section 6254(c: "The information that you seek constitutes examination data used to administer a licensing examination. As such, this information is exempt from disclosure under California Government Code section 6254(g). In addition, California Civil Code […]

January 12, 2011
Asked and Answered

Brown Act CPRA

Are Power Point Presentations to Board of Healthcare District Public Records?

[…] attended a board meeting of the Grossmont Healthcare District. A staff person from the Sharp Grossmont Hospital gave a 15 min. update/report on several topics hospital (e.g., new employee and medical staff satisfaction surveys/results–and patient satisfaction regarding emergency dept. and inpatient services on different floors of hospital. At the end of the hospital staff […]

February 22, 2018
Asked and Answered

CPRA

Public Availability and Destruction of Temporary or Handwritten Notes

The last time I used the Legal Hotline for this matter (a few weeks back), your legal council suggested that I re-submit a new, formal PRA request asking for the "binder notes" from our County Public Works Director. So, I used aversion of the sample letter provided on cfac.org, as suggested, where it reads: […]

June 14, 2009
Asked and Answered

CPRA

Prohibiting a citizen from contacting a public agency

[…] discipline them for voicing their opinion is when such employee is speaking in his or her official capacity as opposed to speaking as a private citizen. For example, the court ruled in Kotwica v. Tucson, 801 F.2d 1182, 1184-85 (1986), that a city could properly discipline a recreation supervisor for using an official interview, […]

June 14, 2009
Asked and Answered

First Amendment Police Records

DUI Incidences and Media Reporting

[…] result in civil and or criminal liability for the individual and or a media outlet who released the records. Thanks, I am doing personal research and would appreciate any and all information that you can summarize. I have reviewed many laws, statutes, case law, etc., and would like your opinion based on the questions asked.

June 14, 2009
Asked and Answered

Brown Act

Closed sessions under the Brown Act

Members of my school board choose new members as they leave the board. Can this School Board have closed sessions to discuss and decide which new Board member to elect to the Board or do these have to be public discussions?

June 14, 2009
Asked and Answered

First Amendment

Changing search warrant policy

A criminal superior court has a new search warrant policy where the affiants or other law enforcement officer who is filing the search warrant redacts information from the warrant in order to reduce the work of the exhausted and overworked court clerks. Items redacted include vehicles searched, addresses searched, and persons being searched. The […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Applicability of the Public Records Act to Private Text Messages

I read in the Examiner that Mayor Newsom has refused to turn over Hawaii-based communications related to his conversations re: the Busan oil spill. He claims that the phone records and text messages are not public record because he used his personal iPhone and has not submitted a request for reimbursement from the City. […]

June 14, 2009
Asked and Answered

CPRA

Accessing Records of Parolees’ Addresses

[…] the cities in which they are recorded as living. They would not, however, provide me their addresses, saying that it was their department's policy not to. A search of the Public Records Act discloses no exemption for parolee address information. And I would argue that given recidivism rates in the 70-percent range for California […]

June 14, 2009
Asked and Answered

Brown Act CPRA Newsgathering

Accessing document constituting an agenda and agency audits

I'm a reporter at a suburban L.A. newspaper. I have two questions that relate to two different government bodies: 1) A charter high school, which is covered by the Brown Act, posts its Board's agenda 72 hours online before meetings. However, it never posts the documents constituting the agenda (e.g. text of resolutions to […]

June 14, 2009