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Asked and Answered

CPRA

Can fees be charged for existing electronic/digital records?

The County's Public Safety Group sent me an invoice in regards to my PRA request for copies of their three existing contracts with Cal Fire. These records already exist in an electronic/ digital format. There is no reason to charge me a fee for them to be delivered to me via email. They just […]

August 30, 2016
Asked and Answered

First Amendment Newsgathering

City Won’t Add Us to E-mail List

[…] addition, differences in the manner in which the information is provided may also be unconstitutional. Unconstitutional discriminatory treatment of the media can arise in many other situations. For example, courts have found violations of the First Amendment and the Equal Protection clause where a mayor excluded a particular reporter from press conferences to which […]

February 8, 2018
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

First Amendment

What are the rules regarding free speech and highway signage?

[…] the Outdoor Advertising Act, it appears that advertisement is construed quite broadly and would likely encompass the kind of signs you describe.) The Act contains an exception for temporary political signs, but such signs must pertain to a scheduled election, be placed no more than 90 days before the election, and be removed within […]

October 17, 2013
Asked and Answered

Brown Act

Urgent meeting scheduled for July 4 seemed to circumvent the public process

Our municipality has filed for bankruptcy. As part of this ongoing nonsense the town officials have been doing what ever they can to be sneaky and underhanded. Recently they held a special meeting on July 4. The meeting was to transfer money from a special tax fund for a purpose specifically excluded from use by the bond […]

July 13, 2014
Asked and Answered

CPRA

CPRA Request being stonewalled by their attorney

[…] district with the governing board elected by the populace. It is a 5 member board. There are no term limits and several board members have run unopposed for many years. This Board is supposed to provide oversight over the actions of the Fire Chief. Recently members of the community have become aware of what […]

June 12, 2013
Asked and Answered

Brown Act

Does the Brown Act address how long a board member can be absent from meetings?

One of our District Board members has been out of the district for several months. She has been participating in Board meetings by telephone from Alabama where she is seeking medical attention, but she is not in the district to serve in any way other than these monthly meetings by telephone. How long can […]

May 16, 2012
Asked and Answered

CPRA

Agency missed CPRA request deadline

On August 18, 2010, I submitted a public records request. I received a response stating that they will take 60-90 days to provide the records. In GC 6250 …an extension can only be for 14 days. What do I do now? Who would I contact regarding this non-compliance?

October 12, 2010
Asked and Answered

First Amendment

Are Neighborhood Associations protected under the First Amendment?

[…] Coalitions. The NAs and DCs are quasi-governmental bodies supported and funded by the City to assist with neighborhood-level governance and participation in city decision-making; however, they have non-profit status. One of the NA board members is facing litigation due to his expression of opinion in a public forum. Are these agencies protected under the First Amendment?

April 22, 2016
Asked and Answered

Brown Act

Does the CA legislature have an open meeting law?

[…] applies to the CA legislature. What law governs the process through which the CA legislature, including committees, considers laws and informs the public of opportunity to comment at hearings. And are there laws that prevent a committee for adding a last-minute amendment (without notice) to a bill that has little connection to the original bill?

December 17, 2014