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  • Asked and Answered

    CPRA

    Destruction of public records

    […] records without approval of the legislative body or written consent of the city attorney if copies that satisfy the requirements of Section 34090.5(a)-(d) are complied with (for example, such as the requirement that the copies accurately and legibly reproduce the original, the copies be kept in a safe and separate place, etc.).I was unable […]

    June 14, 2009

  • Asked and Answered

    CPRA

    City Clerkโ€™s obligation to the CPRA

    I understand your question to be whether the City Clerk has the obligation to comply with requests for public records in accordance with the California Public Records Act, California Government Code sections 6250 et seq.If my understanding is accurate, the answer is yes, the City Clerk must comply with the Act. The California Public […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Can compensation to a retired gov. official be public record?

    The answer to your question is yes.The California Attorney General has concluded in two opinion letters that the specific compensation of individual government employees is a matter of public record.In a published opinion (68 Ops. Cal. Atty. Gen. 73 (1985)), the attorney general concluded that if a public employee is awarded a merit pay […]

    June 14, 2009

  • Asked and Answered

    Brown Act CPRA

    Request denied for fire district celebration guest list

    […] attendants and participants, including individual responses from invitees and preliminary rosters of potential attendants." Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.

    August 16, 2013

  • Asked and Answered

    Newsgathering

    When itโ€™s okay to record public officials

    […] to a HOA that is a California Non-profit Corporation.ย  Last week I went to talk with the on site manager at his office. He use his desk computer to video tape with audio) our meeting without my knowledge. His office is inside our Clubhouse, I think some were in the Clubhouse there is a […]

    June 14, 2009

  • Asked and Answered

    Brown Act First Amendment

    Video Tapes, Free Speech, and the Brown Act

    To comply with the Brown Act, our City Council has separate Oral Communication periods; there are periods for Agenda Items, and Non-Agenda City Business. In our past election cycle during the 2-minute Non-Agenda Item Orals a video tape of a candidate was played. Video tapes are allowed to be used by speakers. The City […]

    June 14, 2009

  • Asked and Answered

    Brown Act CPRA First Amendment

    Unposted Supporting Documents and Public Comment on those Documents

    The County Board of Supervisors had an agenda item that has been hotly contested for a number of years by this unincorporated community.ย  Before the meeting, this item was posted.ย  The "findings of fact" that support the item were not.ย  These "findings" were not made available to the public until one and a half […]

    June 14, 2009

  • Asked and Answered

    CPRA

    UC student grades and the CPRA

    […] grades.ย  But there may be a statutory provision in the California Education Code which addresses disclosure of grades from UC schools.ย  Unfortunately, we cannot conduct an exhaustive search through the services we provide for the CFAC hotline.ย  For your information, there are provisions in the California Education Code restriction disclosure of grades for elementary […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Third Party Notification

    […] that the term "another" qualifies the term "agency" in that section would seem to indicate that "another agency" refers also to a public agency and not, for example, to a private entity bidding for a public contract. Please note, if the agency has determined to extend the 10-day limit, it MUST first notify you […]

    June 14, 2009

  • Asked and Answered

    CPRA

    The CPRA and the San Francisco Sunshine Ordinance

    […] -- the telephone numbers of those contacting a specific governmental employee for a limited period of time -- will have a de minimus chilling impact on future communications. Because the disclosure here sought "appears necessary (or even indispensable) to furthering the particularized governmental accountability concerns," the reasons supporting nondisclosure, the court concluded, do not […]

    June 14, 2009