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Asked and Answered

CPRA

California Board of Equalization public access rules

Does the California Board of Equalization have any special exemptions or dispensations from the California public records act or public access to documents it archives?

January 7, 2011
Asked and Answered

CPRA

Are emails sent to elected officials private or public?

[…] the GE itself asked residents to send the emails and is making policy decisions based on the emails. I guess it would seem there could be potential for abuse of the "system" if there were a "faction" of people who could anonymously send biased emails attempting to sway the council one way or the […]

September 17, 2010
Asked and Answered

Brown Act CPRA

City Attorney says legal analysis is a CPRA exemption

[…] a PRA request for any legal analysis of the proposal. The City Attorney replied the legal analysis is attorney client privileged communication and is therefore a CPRA exemption. However, City Attorney also stated the document has not been the subject of an open or closed session of City Council. Can City Attorney distribute such […]

June 10, 2013
Asked and Answered

CPRA

How do I challenge the results of a public records act request?

I am working with a community organization that has filed public records requests with the School District asking for certain data pertaining to enrollment statistics for a subset of their total population. We have reason so believe that the information they have provided is inaccurate. One indicator, for example, is that they have provided […]

February 10, 2017
Asked and Answered

Brown Act CPRA

Public Records Non-Compliance, Filing Suit, and Non-Response

[…] someone within the agency who may have a better understanding of the agency's legal obligations and the power to get the agency to act (e.g., the attorney for the agency) and, if all else fails, you can file a lawsuit. The Public Records Act provides for the recovery of costs and attorneys' fees to […]

June 14, 2009
Asked and Answered

Brown Act

Is a Coordinating Committee exempt from the Brown Act?

[…] under the Planning Department of my County, convenes a coordinating sub-committee to review the Advisory Group's standing rules. The Coordinating Committee chairman does not follow Brown Act obligations (e.g. requirements for notice, agenda, etc.) because he maintains that the Committee is Ad Hoc. Is the Coordinating Committee subject to the stipulation of the Brown Act?

April 19, 2016
Asked and Answered

CPRA

School district denying access to public records

[…] the school district could simply redact any exempt information from the records you seek, and provide you with the rest. Under the PRA, "disclosure is favored," and therefore "all exemptions are narrowly construed." County of Santa Clara v. Superior Court, 170 Cal. App. 4th 1301, 1321 (2009). Thus, if there are any valid exemptions that apply […]

May 2, 2016
Asked and Answered

CPRA

Should I be allowed to access a report in draft form?

I have made a request for a report commissioned by the city to evaluate the police department. My request was denied on the grounds that the report is in draft form. A similar report on the fire department was released as a "draft final report." That report has since been removed from public access […]

March 29, 2012
Asked and Answered

CPRA Police Records

City Surveillance Cameras and Public Records Law

[…] which the record has been stored." Gov't Code section 6252(g). Thus, it appears that surveillance camera recordings would be covered under the Act: "The Act contains numerous exemptions, including certain types of police records, specifically: [r]ecords of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office […]

November 20, 2009
Asked and Answered

Brown Act CPRA

Proposals and Public Records, Limiting Public Comment

[…] of physical form or characteristics." Govt. Code Section 6252. The right to inspect and copy the records maintained by state or local agencies is presumed, unless some exemption of the PRA applies. Gov't Code § 6253(b). It is not immediately apparent whether any exemption would apply to exempt the proposals you reference. (The exemption […]

June 14, 2009