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Asked and Answered

CPRA

Are a Public Agency’s Private Sector Contrators’ Emails Subject to the Public Records Act?

[…] directly or through another person. Consolidated Irr. Dist. v. Superior Court, 205 Cal. App. 4th 697 (2012). This is a fact specific inquiry that would require an examination of the contractor’s contract to determine whether the contractor is an independent contractor or subcontractor with the public agency, which would then help determine whether the […]

May 14, 2018
Asked and Answered

Brown Act

Defining “action taken” and sufficiently describing agenda items

We believe based on a published Attorney General's Opinion that the Brown Act applies to student governments at community colleges. Our student government, which distributes about $1.3 million per year in student fees, seems to consistently violate the Brown Act, particularly with respect to notice of its intended actions. Specifically, while our student government […]

June 14, 2009
Asked and Answered

Bagley-Keene Act Brown Act CPRA

Are state Task Force meetings covered under the Brown Act?

[…] & (d). Note, however, that the Bagley-Keen Act does not apply to the Legislature. However, state law requires that meetings of any committee of the Legislature be open and public. Gov’t Code § 9027. It sounds like you may be operating in the dark as to both how this task force was formed, and […]

July 11, 2017
Asked and Answered

Brown Act

Serial Meetings

[…] under the Brown Act? Member A left his council seat to become mayor, leaving the two-year remainder of his council term open. Member B and C were newly appointed to the council – they were council members ELECT at the time of supposed serial meeting. Member D has been on the council for two […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Are a city manager’ meetings with his staff covered by the Brown Act?

[…] council review or approval, thus also without ever notifying the affected public as a whole or the media of the change. Impacted residents were individually notified to comply with the change only when their turn came up in a multi-year implementation plan. As his authority for doing so, the CM cites arguably limitless permissive […]

January 18, 2015
Asked and Answered

CPRA

Public Universities, Listservs, and Destruction of Records

Our local, university-run public radio station, has been attempting to create a "confidentiality policy" to prevent entries in its online volunteer listserv from appearing in the newspaper. Because I believe the taxpayer-funded listserv content is a public document, I filed a PRA request for one day’s worth of postings. The university has replied that […]

June 14, 2009
Asked and Answered

CPRA

City council candidates’ website URLs have been excluded from the city website

[…] website would constitute endorsement, though it is possible that there is some legal basis for this concern.From the perspective of our core expertise -- First Amendment and open government issues -- the question might be whether some legal principle requires the city council to do so.Though a state or local agency would likely be […]

October 11, 2011
Asked and Answered

CPRA

Are confidential marriage certificate applications accessible under the CPRA?

Section 511(a) of California's Family Code provides that: the county clerk shall maintain confidential marriage certificates filed pursuant to Section 506 as permanent records which shall not be open to public inspection except upon order of the court issued upon a showing of good cause. The confidential marriage license is a confidential record and not […]

July 24, 2013
Asked and Answered

Brown Act

Barring the Media from recording an Open Meeting

Can a Home Owners Association Board of Directors prohibit a member of the press from recording the events during the open session of the monthly meeting in which the press was invited by a group of home owners?

June 14, 2009
Asked and Answered

CPRA First Amendment

How can I get around the CPRA “catch-all” exemption?

[…] access to information concerning the conduct of the people's business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny."Cal. Constitution, art. I, section 3(b)(1). It has been argued, and a state appellate court has rejected, that Prop. 59 was intended to eliminate […]

October 19, 2011