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  • Asked and Answered

    Brown Act First Amendment

    Does Brown Act Permit City Council’s New Rules of Decorum?

    The mayor of our city proposed for new Rules of Decorum in light of recent community unrest and the public wanting to express community concerns and distrust in the city officials and business. 1. Can the rules dictate what a community member wants to speak on during regular general public comment? (non agenda […]

    May 21, 2018

  • Asked and Answered

    CPRA

    School district denies request for annual audit

    The local school district  responded to my request for copies of the proposals submitted for annual bond performance audits as follows, "The District is unable to produce the requested information until after the contract has been awarded."  What is your opinion?

    July 27, 2011

  • Asked and Answered

    City says building plans can be viewed but not copied

    […] We had wanted a copy of a rendering of a project before the commission but the city said they could not copy it because it was signed by the architect, making it the architect's property, until the city approves the plan. I don't understand how the city's approval of a project triggers the submitted […]

    September 19, 2012

  • Asked and Answered

    CPRA

    Records retention and PRA

    Suppose I make a request for records from a public agency, but their records retention policy allows the records to be destroyed before the agency produces them. Does the Public Records Act require a suspension of the destruction of records if a request has been made?

    April 26, 2016

  • Asked and Answered

    Brown Act

    Does Brown Act allow City secrecy about power plant plans?

    […] plant. The 5-year CEC permit is about to expire. Can the City keep secret the development map and property owners names on the building extension petition? The petition for another 5-year extension was filed with the CEC before the Council "formally" voted its support. Isn’t it suppose to be approved by vote and then filed?

    June 14, 2013

  • Asked and Answered

    Brown Act

    Are school district “fact-finding” committee meetings public?

    One of the school districts I cover is considering closing a school. At first the superintendent announced they were closing a school at a board meeting, but after a huge amount of public uproar he backpedaled and said there would be public hearings before a decision is made. The district has set up a […]

    March 8, 2016

  • Asked and Answered

    CPRA Police Records

    Criminal case files and the Public Records Act

    […] city attorney seeing a clear picture of what really happened. We are now trying to obtain copies of these documents and keep running into a brick wall by the police department, public defenders office and city attorney. Does my son have to hire an attorney to obtain documents that are relevant to him and […]

    July 19, 2012

  • Asked and Answered

    CPRA

    Is it legal to charge fees for viewing a transcript?

    My organization is being charged a fee to view parole hearing transcripts--not copy; simply view. We are also told we will be charged to view the complete parole board's response to a public hearing. We would like an opinion on the legality of this policy

    October 21, 2011

  • Asked and Answered

    First Amendment

    1st amendment right to porn denied by senior center

    My local city-run senior center censors books, magazines, films, internet and bulletin-board postings. Though it is a senior center, they pretend to have the right to ban pornography or whatever they deem "inappropriate." As a senior citizen, I say I have the right to full internet access, to put off-color books, magazines and films […]

    June 10, 2013