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  • Asked and Answered

    Brown Act

    How can I stop city from violating Brown Act during budget meetings?

    Under the Brown Act’s public comment requirements, Gov't Code section 54954.3(a), a legislative body may adopt "[r]easonable regulations" for public comment periods, including regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker, but the body may not "prohibit public criticism of the policies, procedures, […]

    November 14, 2014

  • Asked and Answered

    Brown Act

    Brown Act violations in closed session real-property negotiations

    […] be invalidated with a "Cure and Correct" letter due to incorrect closed session procedure. If so, how would the form letter be worded to accomplish this? Thanks for the response to my question. It appears that this violation may continue until the decision is brought to open session.One other question is as to the […]

    September 8, 2016

  • Asked and Answered

    Brown Act

    School district denies Brown Act violation. What next?

    Thank you for your helpful website. I used your Cure & Correct demand template to submit a Cure & Correct letter to the Board of Trustees and the attorney representing our school district. My letter was sent on April 10, 2013, and it referenced several Brown Act violations related to a School Board meeting […]

    June 17, 2013

  • Asked and Answered

    CPRA Police Records

    Criminal case files and the Public Records Act

    […] from disclosure. Gov't Code § 6254(f). However, basic information about an incident must be disclosed, such as "the time, substance, and location of all complaints or requests for assistance received by the agency and the time and nature of the response thereto, including, to the extent the information regarding crimes alleged or committed or […]

    July 19, 2012

  • Asked and Answered

    CPRA

    Is it legal to charge fees for viewing a transcript?

    […] record, except as hereafter provided. Gov't Code § 6253(a). Public agencies may charge a fee "covering direct costs of duplication" (or a statutory fee).Gov't Code § 6253(b).As for charging the public for the right to merely inspect records, the agency may be on shaky ground. By its own terms, the PRA does not seem […]

    October 21, 2011

  • Asked and Answered

    CPRA Police Records

    Police deny request for 911 tape

    […] suicide or homicide. Prior to my formal request, the police refused to discuss the case citing its "ongoing nature." My formal request to review the 911 call for service was denied because it was not deemed contemporaneous. The denial was based on the 1993 Kuzar case. It is my understanding that case recognizes that […]

    December 30, 2011

  • Asked and Answered

    CPRA

    A Can the city legally refuse to fulfill my request unless I use their form?

    My city will not fulfill a request for documents made via email.  They insist that I first fill out their request form. I have made email requests to other government entities for years and other than delays I have received my documents. Can the city legally refuse to fulfill my email request? Is there state […]

    August 13, 2015

  • Asked and Answered

    Brown Act

    Grounds for Cease & Desist under the Brown Act

    […] a specific government decision or action, must first attempt to resolve the matter through an elaborate settlement procedure set forth in Government Code § 54960.2. The deadlines for filing a cease and desist letter with the government entity, as well as the government’s obligations in responding to such a complaint, are set forth in […]

    March 31, 2016