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Asked and Answered

Brown Act

Board of Directors Closed Session

[…] questioned the closed session, I was told that the Board of Directors were considered personnel and as so covered under the personnel matters exception in the Davis-Sterling Open Meeting Act. I read a pamphlet from the California Attorney General's office that was very clear that board members are not considered personnel under the Bagley-Keene […]

June 14, 2009
Asked and Answered

Newsgathering

Audio Recording, Meetings

[…] a homeowner to secretly tape a HOA meeting. What rights do I have as a homeowner when I find that I have unknowingly been taped of my comments as a homeowner at a monthly HOA meeting? Does any homeowner have the right to tape without disclosure? Does the Board have the right to negate […]

June 14, 2009
Asked and Answered

Brown Act

Attorneys present at closed meetings

Government Code 54956.9 allows legislative bodies (which includes hospital districts) to hold closed sessions to discuss pending litigation when discussion in open session would prejudice the public agency. The purpose of the pending litigation exemption is to protect confidential attorney-client communications and allow a legislative body to meet with its attorney to receive legal […]

June 14, 2009
Asked and Answered

CPRA Police Records

Accessing Police Reports

I have a court date in small claims court against a termite company. I was told by a detective that I need to prove "preponderance of evidence" which when explained to me meant that I only need to prove that the termite company could have some fault in the burglary that took place at […]

June 14, 2009
Asked and Answered

CPRA

Accessing Field Interrogation Cards

I work for a law enforcement agency. I have been requested by a property management security company to search our database for all events and contacts pertaining to an individual who is a transient and a nuisance to their complex. The security company is in the process of obtaining a "Stay Away Order" and […]

June 14, 2009
Asked and Answered

CPRA

Accessing DMV Files

[…] (a) Except where a specific provision of law prohibits the disclosure of records or information or provides for confidentiality, all records of the department relating to the registration of vehicles, other information contained on an application for a driver's license, abstracts of convictions, and abstracts of accident reports required to be sent to the […]

June 14, 2009
Asked and Answered

CPRA

Access to coroner’s report

[…] California law requires coroners to investigate cause of death and keep records of the investigation, and the predecessor statute to the current Public Records Act made records open to the public, "n autopsy report is a record that the coroner is required to keep and is therefore a public record which a citizen may […]

June 14, 2009
Asked and Answered

First Amendment

Restricted from displaying candidate info at debate forum

[…] nonprofit organization would not change this analysis, since nonprofits are typically not governmental organizations. 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.

July 19, 2012
Asked and Answered

CPRA

Pending Workman compensation claims

I'm curious about workman compensation claims. Are they considered public information while they are still pending?

June 14, 2009
Asked and Answered

CPRA

Duplication fees for non-paper records

[…] that only "direct costs" or statutory costs can be applied to "easily accessible records" (in this case simply making a CD copy of board meetings on their computer). I estimated that the cost of one blank CD is about 60 cents. They are charging almost $7 per CD (usually 3 CDs per meetings) because […]

June 14, 2009