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  • Asked and Answered

    Court Records

    Disclosure of Traffic Tickets, Personal Information

    […] v. Superior Court, 20 Cal. 4th 1178 (1999); Burkle v. Burkle, 135 Cal. App. 4th 1045 (2006). California Rule of Court 243.1 sets forth the stringent requirements for sealing (ie, denying public access) to court records.  For a document to be sealed, the court must make specific findings on the record, including that there […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Destruction of Public Records

    […] See 64 Op. Atty. Gen. Cal. 317 (1981) ("Nothing in the Public Records Act purports to govern destruction of records ... Its sole function is to provide for disclosure.").  Moreover, it is not always clear what destruction of records is permissible under other provisions of California law. Section 34090 of the Government Code provides […]

    June 14, 2009

  • Asked and Answered

    CPRA Police Records

    Destruction of Memos by the Police Department

    […] requirement that the copies accurately and legibly reproduce the original, the copies be kept in a safe and separate place, etc.). I am not aware of any exemption for the records at issue in your email. Based on the information you have provided, it sounds as though the destruction of the records at issue […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Corporate Licenses

    I am dealing with a building contractor in California. I have made several requests as to where the corporations licenses are posted for public review and the hours. The corporation refuses to respond. Any suggestions?

    June 14, 2009

  • Asked and Answered

    Brown Act CPRA

    Copies of Tapes for Public Record Requests

    Re: CPRA request for audio taped record of open meeting: I have submitted a request for copies of tapes made of 3 open Hospital Board meetings, held within 3 weeks of each other. I submitted the request well before 30 days had passed from the first meeting, and before the minutes had been transcribed […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Closed Sessions, Settlements, and Lack of Discussion/Public Comment

    […] because deciding to take those actions would normally be subject to the Brown Act's open meeting requirements.  The court said that whatever else Section 54956.9 permits, "the exemption cannot be construed to empower a city council to agree to take, as part of a non-publicly ratified litigation settlement, action that by substantive law may […]

    June 14, 2009

  • Asked and Answered

    Brown Act CPRA

    City-Funded Committees with Non-Public Official Member

    […] information you're seeking.  Under the PRA, records maintained or owned by public agencies are presumed to be open to public inspection unless one of the Act's specific exemptions applies.  Since it sounds like your oral and email discussions with the city are going nowhere, you might want to send a formal letter request, asking […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Charging for research and the CPRA

    I submitted a Public Records Act Request with the air district, asking for copies of different kinds of permit applications. They came back to us stating that they copied about 50 pages and cost would be $435. Most of this cost was because of the five hours staff spent searching for the materials. I […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Charging for Electronic Records

    A local hospital district claims it is "required" to charge me for access to inspect records that they claim are only available in electronic form.  They have demanded a deposit of hundreds of dollars and my agreement to pay them whatever they determine the actual cost to be.  When you consider that more and […]

    June 14, 2009