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  • Asked and Answered

    CPRA

    Destruction of public records

    The California Public Records Act ("PRA") does not prevent state or local agencies (such as local police departments) from destroying public records.In the context of discussing exemption of particular records, the PRA expressly recognizes that agencies do not retain records indefinitely.See Cal. Gov't Code section 6254(a).Please be aware that California Government Code section 34090 […]

    June 14, 2009

  • Asked and Answered

    CPRA

    CPS (Child Protection Services) records

    I would like to gather the records from CPS (Child Protection Services). They said they can only get them from a court order. As I just want them for my records, where can I find links to get these copies, and/or how do I use 'Freedom of Information Act' to get these?

    June 14, 2009

  • Asked and Answered

    Brown Act

    Workshops v. Special Meetings

    […] in less then 72 hours which was labeled board special meeting/workshop. It was just a workshop called to discuss how to deal with the media. I asked for our attorneys opinion in this, and they felt that since we posted the agenda 24 hours in advance of the meeting it was ok, and no […]

    June 14, 2009

  • Asked and Answered

    Brown Act CPRA

    The CPRA, the Brown Act and Retirement Trusts

    […] they held a special meeting to change by-laws to only allow "invited guests".  They have not responded to my further PRAs.  Their attorney uses AG Opinion 03-1107 for his view that the Trust is not a "local agency", but is a labor-management "committee."  The board is constructed and has duties similar to pension boards […]

    June 14, 2009

  • Asked and Answered

    CPRA

    The CPRA and State Employees

    […] state employment somehow precluded me from the PRA.   I have now read GC 6252(g) which makes it appear this is accurate, but GC 6252.5 muddies the water for me. Our Chief indicates in the quote above that she was "advised" that the PRA does not apply to state employees.  I am certain that advice […]

    June 14, 2009

  • Asked and Answered

    Bagley-Keene Act CPRA

    The California Bar and CPRA

    […] California Supreme Court has stated as follows:  "[Government Code] Section 6001 . . . provides: 'No law of this State restricting, or prescribing a mode of procedure for the exercise of powers of state public bodies or state agencies . . . shall be applicable to the State Bar, unless the Legislature expressly so […]

    June 14, 2009

  • Asked and Answered

    First Amendment

    Subpoenaed for a trial

    I have been civil-subpoenaed to appear as a witness in a trial. I do not wish to be involved in the matter. Can I decline to testify? If I can, how do I go about doing it? Can you point me to the forms, etc., that would be required to do so?

    June 14, 2009

  • Asked and Answered

    Brown Act Newsgathering

    Special Meetings and Media Notice

    […] legislative body and to each local newspaper of general circulation and radio or television station requesting notice in writing."  Govt. Code Section 54956 (emphasis added) (see below for text of entire section).  Accordingly, any local newspaper of general circulation or radio or television station that has requested notice of special meetings in writing must […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Special meeting and the Brown Act

    The Brown Act reads in part Section 54954.3of education code: "Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item." I have argued […]

    June 14, 2009