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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
Asked and Answered

CPRA

School administrators and the CPRA

[…] has a right to inspect any public record," except as provided for under the PRA or other law. Govt. Code Section 6253(a). Documents created by a public high school principal in the course of his or her employment could meet this requirement, along with other school records, subject to the various exemptions of the PRA.

June 14, 2009
Asked and Answered

Brown Act First Amendment

Rules for public comment at council meetings

The Brown Act provides that "[e]very agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body's consideration of the item, that is within the subject matter jurisdiction of the legislative body […]

June 14, 2009
Asked and Answered

Brown Act School Records

Right to Videotape School Board Meetings

[…] historically violated the rights of English Language Learners and children with disabilities and their parents. Currently, 75% of the students are Latino and it is a hardship for many of the parents to attend school board meetings because usually closed sessions do not end until 8/9 pm and public transportation stops running at 10 […]

June 14, 2009
Asked and Answered

CPRA

Right to “inspect” public records?

[…] receive a "copy" -- so you have a right to look at the original documents without having the agency make copies (which you would have to pay for). However, this doesn't necessarily mean that you can simply show up at the office and start looking through their files. Bruce v. Gregory, 65 Cal.2d 666 […]

June 14, 2009
Asked and Answered

CPRA

Requesting surveillance tapes

[…] but unfortunately they have given me the runaround. I was hoping your agency could assist me with my inquiries. How do I request surveillance tape that was shot in the booking cell of the West Hollywood Sheriff Station? How long do the surveillance tapes for a booking cell stay on file before they are deleted?

June 14, 2009