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Asked and Answered

Brown Act

Closed sessions…

[…] allows legislative bodies to hold closed sessions to discuss pending litigation when discussion in open session would prejudice the public agency. The purpose of the pending litigation exemption is to protect confidential attorney-client communications and allow a legislative body to meet with its attorney to receive legal advice and make legal decisions; if the […]

June 14, 2009
Asked and Answered

Brown Act CPRA

City Council editing public meeting videos

[…] complaint with the police department. I spoke from a prepared speech. No one did a thing. At the end of the meeting no one addressed my request for a proper complaint. I then asked the chief of police three times for a complaint. He had an officer escort me into an interrogation room. They took my contact […]

July 30, 2015
Asked and Answered

First Amendment Social Media

Former Employer Blocked My Twitter Account Stopping Me From Accessing COVID-19 Info

[…] I did not send them any messages nor did I Tweet anything about them. My question: can I file a lawsuit or complaint and possibly receive damages for them violating my First Amendment right of receiving free speech and notices from a government organization, and -- because of the block -- possibly blocking my […]

August 7, 2020
Asked and Answered

Brown Act

The board of supervisors is only accepting written comment before meetings amid COVID-19. Does that violate the Brown Act?

[…] impliedly requiring the physical presence of members, the clerk or other personnel of the body, or of the public as a condition of participation in or quorum for a public meeting"during the COVID-19 crisis. In addition, Order N-29-20 states: "A local . . . body . . . that holds a meeting via teleconferencing […]

July 16, 2020
Asked and Answered

CPRA

Can An Agency Extend Response to a CPRA Request Up to Eight Weeks Due to Covid?

I received a response to a CPRA request notifying me that I would likely not receive a response for eight weeks. Is this extended window consistent with the PRA? If it is not, what remedies are available to me? [This questions was submitted in 2021 amid the coronavirus pandemic.)

April 21, 2022
Asked and Answered

Brown Act

How Can We Obtain Criminal Charges Against Our Community Service District for Violations of the Brown Act?

We are requesting assistance in criminally prosecuting Community Service District (CSD) members and General Manager for multiple past and ongoing violations of the Brown Act.

January 20, 2021
Asked and Answered

CPRA

County Silent In When It Will Fulfill My Request For 911 Calls Received During A Major Wildfire

On May 2 I submitted a request to the County Fire Department (Risk Management Division) for 90 individual 911 calls during a major wildfire. I selected the calls from a 200+ page document that the Risk Management people provided to me, in the format that was requested by them. I have followed up a […]

April 9, 2020
Asked and Answered

CPRA Police Records

Despite New Laws, My Request for Police Body Camera Footage Has Been Repeatedly Denied

In light of SB 1421 and AB 748, I submitted a request to the city and the police department for the body camera footage and internal affairs investigation report of an incident that happened at my home involving the discharge of a firearm at a person (me) by a peace officer and the use […]

February 8, 2021
Asked and Answered

CPRA School Records

School District Stalling Over My Request For Gender Breakdowns On Student Performance

I made a PRA request to the School District for gender breakdowns on student performance. After nine business days, I receive an email reply from a law firm seeking "clarification" on about fifty percent of the items. The clarifications requested are not necessary; they are stalling. And they do claim to have approximately half […]

April 21, 2022
Asked and Answered

CPRA

How to Request Information Stored in a Database?

How does the California Public Records Act handle information stored in a database rather than a specific record (e.g. an existing, stand-alone document)? For example, if I'm looking for historical financial information on a public works project at my city, the data might be in a database and would require city staff to run […]

March 11, 2020