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  • Asked and Answered

    Brown Act

    Should school superintendent’s goals be made in closed session?

    […] (emphasis added). Finally, it is worth noting that even though the Duval case suggests that the closed meeting you describe would not violate the Brown Act, written records of the goals may qualify as public records that are required to be disclosed under the Public Records Act (contrary to what the board president suggests, […]

    April 13, 2012

  • Asked and Answered

    CPRA FOIA Police Records

    Obtaining concluded investigative reports

    […] in California.The Freedom of Information Act, which you refer to, applies only to federal law enforcement -- such as the FBI or US Marshal's Service.The California Public Records Act applies to local law enforcement (city police and county sheriff's departments).Based on the comment in your email that "individual law enforcement personnel files are not […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Confidentiality of CPRA requests

    Are responses to Public Records Act requests confidential? Some allegations were made about a person by an employee of a public agency. They were printed in the newspaper. This person asked for copies of the documentation that the county employee had to support their allegations. The response to that person's PRA request was mailed […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Non-compliance of 10-day rule regarding CPRA

    The only way to enforce the Public Records Act is to file a lawsuit. Short of that, the best thing to do is to continue to contact the agency and request a response. Some times it can be effective to go up the chain of authority and direct your request to someone in a […]

    March 24, 2013

  • Asked and Answered

    CPRA

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

    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 […]

    August 13, 2013

  • Asked and Answered

    Brown Act First Amendment

    Taping of public charter school meetings curtailed by corporate owners

    […] and what law was the CEO referring to that he can enact these restrictions along with the public entities that does this. Our local public non charter school district records, televises and plays their meetings on local TV multiple times in the month. We need to know what our rights are. We started to videotape because […]

    October 13, 2014

  • Asked and Answered

    Court Records

    Can We Publish Discovery & Depositions From a 1994 California Case?

    […] of truthful information that a newspaper lawfully obtains about a matter of public significance.Smith v. Daily Mail Pub. Co., 443 U.S. 97, 103 (1979). Occasionally, some court records are ordered sealed by a judge.That does not appear to be the case here, but even if a judge did order that these records be sealed, […]

    April 21, 2022

  • Asked and Answered

    First Amendment

    How can I access records on decisions regarding promotions and tenure at UC?

    I'm working on a book that requires me to access records regarding the denial of support for a prominent University of California professor by his department's promotion and tenure committee. I wish to obtain all documents related to this decision. Two questions: 1. Can I obtain them using FOIA? 2. Do I address the FOIA […]

    July 3, 2015