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Showing 31 - 40 of 71 results

  • Asked and Answered

    CPRA

    The public should know if school employee embezzled $2m

    […] found on the FAC web site at the following link: http://firstamendmentcoalition.org/cpra-primer/sample-cpra-request-letter/. The ultimate recourse under the PRA in the event of an improper denial is to initiate litigation.  Govt. Code § 6259(d) ("The court shall award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to […]

    October 6, 2009

  • Asked and Answered

    Brown Act

    When can a public Board claim attorney-client privilege?

    […] pursuant to the attorney-client privilege. the Brown Act permits a closed session for the receipt of advice from an agency attorney, only "regarding pending anticipated or pending litigation" and then only when "discussion in open session concerning those matters would prejudice the position of the local agency in the litigation." Govt. Code section 54956.9. […]

    March 25, 2013

  • Asked and Answered

    CPRA

    Public Availability and Destruction of Temporary or Handwritten Notes

    […] the city has withheld the records improperly, you have the option of filing a lawsuit under the PRA.  The PRA provides that prevailing parties in a PRA litigation be awarded their attorneys' fees.  Govt. Code § 6259(d) ("The court shall award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevail […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Obtaining Legal Records of a Public Agency

    […] billing statements and /or invoices by case or project from the City and Redevelopment Agency.  I did not ask for any other information about any of the litigation or project. They took over a month to provide me with a ledger from the finance department with a listing of expenses only with just 3 […]

    June 14, 2009

  • Asked and Answered

    CPRA Police Records

    Investigative and disciplinary records pertaining to police officers

    […] in full below) set forth a procedure for making a written motion to obtain police officer personnel records (known as a Pitchess motion) in the context of litigation. To date, courts interpreting these Penal Code sections in the context of the Public Records Act have concluded that they provide an exception to the Act's […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Emails as public records

    […] be exempt from disclosure under the Public Records Act because they are from an attorney for the agency and/or relate to pending litigation. (See Government Code §§ 6254(b) and 6254(k).)However, your inquiry suggests that a different potential exemption might be invoked.Public agencies frequently refuse to disclose e-mails, asserting a "deliberative process privilege," pursuant to Government […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Releasing settlement information on a public employee’s termination

    […]  A sample PRA request is available on CFAC's website at: http://firstamendmentcoalition.org/cpra-primer/sample-cpra-request-letter/. The ultimate recourse under the PRA in the event of an improper denial is to initiate litigation.  It is sometimes helpful to remind the agencies that the prevailing parties in a PRA litigation are entitled to their attorneys' fees.  Govt. Code § 6259(d) […]

    June 14, 2009

  • Asked and Answered

    CPRA Police Records

    Disclosure of applicant information under PRA

    […] writ of mandate - a type of order directing the public agency to take a specified action.  Attorneys’ fees are available to a plaintiff who prevails in litigation filed pursuant to the Act, Gov't Code § 6259(d) -- a fact that you may want to draw the Board’s attention to in your next correspondence.  […]

    March 22, 2016

  • Asked and Answered

    CPRA

    Can I access a deceased relative’s employment records?

    If your grandfather was born in California after July 1905, you may be able to obtain birth records from the Office of Vital Records (see http://www.cdph.ca.gov/certlic/birthdeathmar/Documents/CertifiedCopies-BirthandDeathPAMPHLET-(01-12)-MERGED.pdf). It sounds as though you may also have tried obtaining other records related to your grandfather from the Stockton Police Department. Many records would be subject to California's Public […]

    September 12, 2014