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Asked and Answered

Brown Act

Brown Act requirement for private nonprofits?

Please clarify for me the requirements of Brown Act compliance for a private nonprofit. We are members of an electric cooperative. As members of the cooperative we are each eligible to be board members. The elected directors make determinations on how operating capital is expended and invested. There has recently been allegations of fraud […]

July 19, 2012
Asked and Answered

CPRA

Access to sheriff’s e-mail and phone records

[…] on as well, including leaking personnel file details about deputies and staff who disagree with him to a guy running a character assassination blog in support of the sheriff. Are his e-mail and phone records subject to Public Records Act law? Am I able to request those from the county, along with information on […]

March 22, 2012
Asked and Answered

CPRA

Can I access attorney’s retainer agreement and invoices via the Public Records Act?

Our local fire district and its former chief, a "retired CalPERS annuitant," are involved in a judicial process contesting a pension amount owed due to "double dipping" The elected officials have held numerous closed sessions to discuss these legal matters. In an attempt to discover if the fire district is using taxpayer dollars to defend the […]

July 2, 2015
Asked and Answered

First Amendment

Is there a law about distributing fliers near a courthouse?

Is there any caselaw or information I can refer to regarding display of a sign, placard, or passing out fliers in the parking lot of a municipal courthouse?Would I have to keep a certain distance from the courthouse doors to stay within the law?

August 27, 2010
Asked and Answered

CPRA

What rules apply to searching DMV database?

I’m divorcing a law enforcement officer, who has taken abuse of power to a whole new level and no one seems to care. What are the laws regarding license plate queries? My Ex, or his buddies, "ran" all of my friends and family through CLETS in order to gather information. When I contacted the […]

December 7, 2010
Asked and Answered

First Amendment Social Media

Prof worried about free-speech rights regarding Facebook post

[…] views about racial micro aggression and the recent national unrest about law enforcement. I didn't directly identify my coworker and privacy settings are restricted to be viewed by my friends only (although some friends shared the post). I also clearly stated that I was 100% in support of peaceful dialogue about race relations in […]

February 22, 2015
Asked and Answered

CPRA

When Does Copyright Apply to Public Records?

[…] the architectural renderings of the home in the city offices. But they said we could not make copies of them or reproduce them because they were copyrighted by the architectural firm. I'm wondering if such a copyright exemption exists in the CPRA? Or do we have the right to insist on making copies of […]

May 23, 2018
Asked and Answered

CPRA

Is all information about public employment tests exempt?

[…] copies of two recent examinations that I have taken for jobs at BART (Bay Area Rapid Transit). I request my score, value for each question, who wrote the exam, who was the subject matter expert, and who graded the exam. I think the California Public Record Act states that this information is exempt. Is […]

July 29, 2011
Asked and Answered

CPRA

Agency answered cure & correct letter with demonstrable falsehoods

I sent a letter to a public agency requesting "cure and correction," to a Brown Act violation. The Agency responded with a signed document that contained demonstrably false statements of fact. What is the correct name and legal status of this response document? Is it a legal response that is subject to perjury or […]

February 4, 2011
Asked and Answered

CPRA

City says it can’t fulfill CPRA request for a month

I filed a CPRA request with the city for information on a story that I'm reporting on my blog. I noticed when reviewing commercial warrants that payments were made (nearly $400,000) to a private management company. The town has been giving the public regular financial reports concerning a private country club they purchased, but […]

May 10, 2012