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Asked and Answered

Brown Act

Does the Brown Act allow closed sessions to appoint legal firm?

[…] a presentation on their firm in open session. After each presentation, the board went into closed session pursuant to GC 54957(b)(1), "Public Employee Appointment: General Counsel." I have never seen this done before. Can a legislative body refer to General Counsel as a "Public Employee" and use this GC as safe harbor for closed session?

January 31, 2012
Asked and Answered

Brown Act

Are school district “fact-finding” committee meetings public?

[…] the area, fiscal impact and the impact on academic programs should they close the school. It is my understanding that such a committee is an advisory committee for the district and therefore falls under the Brown Act, however at the last committee meeting the district's public information officer tried to chase me out. The […]

March 8, 2016
Asked and Answered

CPRA

Can I be charged $6000 for staff time needed to find and redact requested records?

My recent request for public records was granted. However, the agency wants to charge me about $6000 to supply the records because of the staff time it will supposedly take to compile them all from the various warehouses in which the paper records are stored. And they want to charge for the time spent reacting the forms. […]

March 2, 2016
Asked and Answered

Brown Act

Teacher terminated after closed session

[…] and decided "immediate action" had to be taken. The teacher did not receive 24 hours notice about the meeting but was asked if she wanted to speak for five minutes on her behalf when she happened to walk by the meeting. The board then held a closed session and decided to terminate her. They […]

October 20, 2011
Asked and Answered

CPRA

Fees assessed for electronic data

I’m trying to obtain records for the LA United School District’s spending for 2010 in digital format, but the LA USD Office of the General Counsel is asking for 25 cents per page to send the digital information to us. They’ve explained that this is based on the usual fee rate for pages that […]

January 12, 2012
Asked and Answered

CPRA

What penalties have local governments faced for violating the CPRA?

I'm developing program to teach our office staff how to handle PRAs, and am looking for some examples of local governments, preferably in California, that have been penalized for not abiding by the terms of the law. Is a lawsuit the only way to remedy it? Can you share any examples?

September 16, 2015
Asked and Answered

CPRA

Request for advisory committee’s documents denied

[…] local planning group (elected advisory body under the City's Dept. of Planning and Land Use). The chair of the committee has sent members an email explaining that they should each bring the documents they possess for me to read while the meeting is in session, but claiming copies needn't be provided. What do I do?

August 3, 2011
Asked and Answered

First Amendment Newsgathering Social Media

Are there legal actions to protect community newspaper against harassment, threats?

[…] issue out the school staffs' mailboxes before teachers were able to read them. She is now telling folks to steal our newspaper. We are filing criminal charges for the theft. But, what are our rights? She slanders me and my boss saying we are tied to developers and that they hand us money. This […]

June 11, 2014
Asked and Answered

CPRA

Can’t access documents because the staff member in possession is on extended vacation

[…] delay responding to my request for months due to vacations? If not, do you have any cases I can mention to the agency that cover this issue? I already informed them I believed they only had 10 days to reply unless they were claiming an exemption (which they have not) but that hasn’t persuaded them.

October 5, 2011
Asked and Answered

CPRA School Records

What’s meant by “electronic form” documents under the CPRA?

I requested a copy of the CA Jobs Bill Fund Report from my local school district. I received an oversimplified copy of the report so I asked for the website address for the complete report. I was told the website was password protected and therefore I was not granted access. Would a document with […]

August 5, 2011