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  • Asked and Answered

    Brown Act

    Closed door assessor appointment – possible Brown Act violation

    I believe an individual was appointed County assessor unfairly through an exchange wherein the newly appointed assessor promised the supervisor board he would not run for mayor. I am seeking record of this agreement; I believe it could be in violation of the Brown Act, please advise.

    April 21, 2016

  • Asked and Answered

    Brown Act

    Could this act of intimidation be a Brown Act violation?

    I attended the board meeting of the Waterworks District. During the meeting an agenda item came up for two job descriptions relating to the person who currently holds those positions. There were comments made by an ex-board member and another member of the public concerning this problem. One board member in particular had a very abrasive response to these comments. […]

    June 10, 2016

  • Asked and Answered

    CPRA

    Can city business hide behind attorney/client privilege?

    […] no third persons other than those who are present to further the interest of the client in the consultation or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the lawyer is consulted . . . ." And I am not aware […]

    July 23, 2013

  • Asked and Answered

    CPRA

    Can An Agency Charge Fees for Inspecting Public Records?

    […] inspect emails or get copies of emails based on Government Code section 6253.9(b)?  Are they allowed to use rule of cost to construct a record, and the cost of programming and computer services necessary to produce a copy of the record, for the charging of emails either to inspect them or get copies of them?

    February 26, 2018

  • Asked and Answered

    CPRA

    How are attorney’s fees calculated in CPRA cases?

    […] found an attorney willing to take a CA Public Records Act ("CPRA") case where the would-be defendant won't disclose records that clearly should be or provide an exemption or other concrete reason for not providing the requested documents. The attorney wants $5,000 to write the complaint and start the lawsuit (although he admits he […]

    July 27, 2010

  • Asked and Answered

    Brown Act

    Does the Brown Act allow closed session negotiations for all public school contracts?

    […] or action – must first attempt to resolve the matter, short of litigation, though an elaborate settlement procedure set forth in Government Code section 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 […]

    July 19, 2016

  • Asked and Answered

    Brown Act CPRA

    Does short notice of public hearing invalidate contract?

    […] code requires a Public Hearing before entering into a Red-Light Camera Contract. I contend the new contract our city council has approved is invalid because the requirement for a public hearing was not met. The city manager proposed a new contract when the current contract expires June 30. The Public Hearing was noticed on […]

    June 23, 2010

  • Asked and Answered

    Newsgathering

    Can police videotape me in my home without consent?

    You pose an interesting question. A provision of California's Penal Code imposes penalties for "intentionally and without the consent of all parties to a confidential communication ... eavesdrop[ping] upon or record[ing] the confidential communication [by means of any electronic amplifying or recording device], whether the communication is carried on among the parties in the […]

    December 2, 2011

  • Asked and Answered

    Newsgathering

    Can police use hidden cameras to videotape the public without consent?

    You pose an interesting question. A provision of California's Penal Code imposes penalties for "intentionally and without the consent of all parties to a confidential communication ... eavesdropping] upon or record[ing] the confidential communication [by means of any electronic amplifying or recording device], whether the communication is carried on among the parties in the […]

    October 26, 2011