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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
Asked and Answered

CPRA School Records

School personnel campaigning on public dime

[…] an attorney? I want to request emails between the superintendent and other employees, assistant superintendent and union reps, and board members and school employees? Reason: I have seen hard evidence that they are campaigning on school time, using equipment to run campaigning materials and requesting contributions for incumbents during school time. Please let me know.

October 27, 2010
Asked and Answered

CPRA

What is the CPRA rule regarding retention of emails?

As far as the CPRA is concerned, I filed for any emails concerning media policy and the district told me that emails are only archived for four years. Is that legal? Is there a statute of limitations on how far back public agencies must keep emails on file?

April 1, 2015
Asked and Answered

CPRA

Does city’s “fee schedule” for public records violate CPRA?

A media partner of ours reported that a municipality has adopted a "schedule of charges" for public records requests. The board voted that there will be a $25 administrative fee per request. The number of pages requested will generate additional fees. The first 10 pages of records will cost $1 per page and each […]

June 24, 2010
Asked and Answered

CPRA

City avoiding disclosure of personal email

[…] press to have received email regarding a particular issue. Our PRA requesting those email have been rejected by the city because they do not have email accounts for council members. However on the city website the link to contact council members is the council member’s personal email account. If the city is listing the […]

January 13, 2012
Asked and Answered

CPRA School Records

Public Records Act Request Denied Due to Inability to Redact “Deliberative Material”

In response to public comment that I made before the school board, the school district's Charter School Division sent an email to a charter school asking for data so that they could report back to the Board. I sent a Public Records Act request to the District asking for a copy of the report […]

February 20, 2018
Asked and Answered

CPRA

What does the CPRA say about an agency charging a $48 “clerical fee”?

[…] at filing public records act requests. I'm a little suspicious of the Department of Fair Employment and Housing charging a $48 "clerical fee"although their invoice does not list the amount of pages or mailing fee, implying the search has not yet been done. The request I made was for copies of complaints made against several businesses. Your thoughts?

September 15, 2015
Asked and Answered

CPRA

Fire Department Mishandled Response to CPRA Request

[…] four points now: 1. 6253 (b) "Except with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available…" The LAFD response that they MIGHT disclose something […]

January 26, 2018