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    Showing results for exemption drafts records35 records35

  • Asked and Answered

    CPRA

    Legal Action Against a Board Member in Closed Session

    […] to pending litigation—including legal advice when no litigation is threatened. Roberts v. City of Palmdale, 5 Cal. 4th 363 (1993). However, it is not clear that this exemption would necessarily apply to a mold report prepared by a third party. If the report was not "specifically prepared for use in litigation," the attorney-client privilege […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Can Employment Records & Dismissal Be Presented in City Council Open Session?

    […] to pending litigation—including legal advice when no litigation is threatened. Roberts v. City of Palmdale, 5 Cal. 4th 363 (1993). However, it is not clear that this exemption would necessarily apply to a mold report prepared by a third party. If the report was not "specifically prepared for use in litigation," the attorney-client privilege […]

    November 16, 2018

  • Asked and Answered

    CPRA

    Is A Letter From A Water District Lawyer A City Attorney Public?

    […] difficult to anticipate what an agency might try to claim before a request has actually been made, and in this case, I cannot think of any specific exemption that would apply. For example, even though there’s a "pending litigation" exemption that applies to records prepared for use in litigation (Gov’t Code section 6254(b)), I […]

    December 7, 2018

  • Asked and Answered

    CPRA

    What Records Or Documents Are Public In A City Purchase Of Private Property?

    […] specific provision of the Act or other law exempts them from disclosure. The CPRA contains numerous exemptions. One that might be relevant in this situation is the exemption in § 6254(h) for "The contents of real estate appraisals or engineering or feasibility estimates and evaluations made for or by the state or local agency […]

    September 16, 2021

  • Asked and Answered

    CPRA

    County Refusing to Share Mold Report they Say Requires Us to Vacate. How Can We Access that Report?

    […] relate to pending litigation—including legal advice when no litigation is threatened.Roberts v. City of Palmdale, 5 Cal. 4th 363 (1993). However, it is not clear that this exemption would necessarily apply to a mold report prepared by a third party. If the report was not "specifically prepared for use in litigation," the attorney-client privilege […]

    April 21, 2022

  • Asked and Answered

    CPRA

    Can I see the city’s settlement agreement with police officers?

    […] (and, again, this may be unlikely, as it should generally be possible to draft a settlement agreement without including material so sensitive that it qualifies for an exemption from disclosure under the PRA), please note that the city should still disclose the rest of the agreement with the exempt material redacted. Govt. Code 6253(a) […]

    April 14, 2010

  • Asked and Answered

    CPRA School Records

    Globe trotting university official keeps tabs on dog sends bill to tax payers

    […] has cited two separate reasons for withholding the records that you seek, each of which deserves some explanation. With respect to Gov't Code § 6254(c), this particular exemption is known as the "personnel exemption," and is routinely invoked when the public agency believes a request seeks information pertaining to identifiable public officials or employees […]

    March 20, 2012

  • Asked and Answered

    CPRA

    Can the Deliberative Process Privilege be used to avoid answering a deposition?

    […] privilege.  As far as I am aware, there has not been any new case law concerning the deliberative process privilege. The "deliberative process privilege," is a court-created exemption derived from Government Code § 6254(a) (exempting preliminary drafts, notes and memoranda) and Government Code § 6255 (the so-called "catch-all exemption"), which is intended to protect […]

    April 22, 2017

  • Asked and Answered

    CPRA

    Access to public records denied during business hours

    […] and records revealing a state agency's deliberative processes with respect to certain state employer-employee relationship issues.  See, generally, Gov't Code section 6254. There also is a "catchall" exemption permitting an agency to withhold "any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the […]

    November 21, 2009

  • Latest News

    Blog Cases

    Successful outcome in FAC suit pulls back curtain on “deliberative process” 

    […] Judge Paul Haakenson sided with FAC and Schnapf. The court held that each document had to be considered on its own and that there was no blanket exemption for supervisors' notes or preliminary drafts.   "'The deliberative process privilege does not justify nondisclosure of a document merely because it was the product of an […]

    August 23, 2015