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Showing 71 - 80 of 347 results

  • Asked and Answered

    CPRA Police Records

    Accessing county’s payments to a doctor now under arrest for molestation

    […] starting at § 6275. Finally, there is a "catch-all" exemption that the government will sometimes invoke if a more specific exemption doesn’t apply. See Gov’t Code § 6255(a). This catch-all focuses on whether the public interest would be best served by disclosing or withholding the records. Id. The District Attorneys’ ("DA") office may attempt […]

    November 12, 2011

  • Latest News

    Blog

    Public officials’ love of secrecy is no match for the public’s love to watch government decision-making up close. In California, democratic voyeurism prevails.

    […] (now the county assessor) denied requests under the Public Records Act for emails between him and other supervisors, as well as his calendar of official meetings and appointments. Postmus says he doesn't have to disclose records that might reflect his and his colleagues' "deliberative process." In this he relies on a 1991 Supreme Court […]

    June 2, 2009

  • Asked and Answered

    Brown Act

    Convening in closed sessions

    […] for Local Legislative Bodies, p. 12 (Cal.Atty General's Office 2003). With respect to whether the board can hold a closed session to discuss the supervisor search and appointment, the answer to that question is yes.   Government Code Section 54957 provides that boards may hold closed meetings to "consider the appointment, employment, evaluation of performance, […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Police Background Investigation

    It sounds like the police department is relying (at least implicitly) on Section 6255 of the California Public Records Act ("PRA"), which provides that an agency can withhold records by demonstrating "that on the facts of the particular case the public interest served by not making the public record clearly outweighs the public interest […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Complaints, and Public Record

    […] of a local agency are presumed public unless one of the Public Record Act's exemptions applies.  These exemptions can be found at Government Code Sections 6254 and 6255.  It is not immediately apparent that any such exception would apply in this case. For purposes of your attempt to gain these complaints, the California Public […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Does the CPRA allow access to notes from interviews with job candidates?

    […] where disclosure would constitute an unwarranted invasion of privacy. These records are also subject to the deliberative process privilege, that protects decision-making processes. Cal. Gov. Code § 6255, the balancing test exemption, permits withholding a record if the public interest in nondisclosure outweighs that served by disclosure in order to protect the deliberative process. […]

    September 16, 2013

  • Asked and Answered

    CPRA

    Emails as public records

    […] Code section 6255.The California Courts have recognized that this "deliberative process privilege" may justify non-disclosure in some circumstances, for instance in response to a request for all calendars of the Governor of California.(See Times Mirror v. Superior Court, 53 Cal. App. 3d 1535 (1991). However, they have also recognized that a narrower, more specific […]

    June 14, 2009

  • Asked and Answered

    Bagley-Keene Act Brown Act

    Closed Session on Employee Performance

    […] in an upcoming school district agenda meets the requirements of the Brown Act. This the language as it appears in the agenda • Public Employee, to consider appointment, employment, performance evaluation, or dismissal of employee pursuant to GC §54957, as cited in the Brown Act (2 cases). I understand from talking with two members […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Closed meeting votes and the Brown Act

    Under the Brown Act, can a sitting city council conduct a secret vote (no public notification) whether to consider a legally filed candidate for a city commission appointment, and then, refuse to make public how each council member voted or how the tally went when they do appoint candidates to a commission?

    June 14, 2009