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Asked and Answered

Brown Act

Non-Profits Covered under Brown Act

[…] We do; however, have one as part of our membership and he is like a liaison between us. The City does give us money but it is for what they say it is to be used for, we have no control over any budgets or finances. This Association has a membership which requires an […]

June 14, 2009
Asked and Answered

CPRA Police Records

Missing persons report and the CPRA

I plan on submitting a public records request for a missing persons report that was filed with a police department. The individual filed as a missing person was found dead a day later. Is such a record public, when it could possibly be evidence in a murder investigation? Such a report is filed with […]

June 14, 2009
Asked and Answered

CPRA

How Long Do Agencies Have to Keep 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."). Instead, an agency's obligation to retain records are addressed by a variety of record retention laws. For example, Section 34090 of the Government Code provides […]

June 14, 2009
Asked and Answered

CPRA

Electronic Filing of Campaign Disclosure Data

[…] available to members of the public who contact the city clerk’s office directly to request paper copies or e-mailed copies. Given that campaign finance data is an official public record, is it legal for the city to require members of the public to jump through extra hoops in order to obtain the full unredacted data?

June 14, 2009
Asked and Answered

CPRA

E-Filing of Campaign Finance Data,0

[…] available to members of the public who contact the city clerk’s office directly to request paper copies or e-mailed copies. Given that campaign finance data is an official public record, is it legal for the city to require members of the public to jump through extra hoops in order to obtain the full unredacted data?

June 14, 2009
Asked and Answered

Brown Act

Brown Act and Homeowners Associations

[…] governing body of the private entity includes a member of the legislative body of the agency, which is appointed to that governing body by the agency. Thus, for example, if the HOA was created by a public entity and constituted as some sort of public district, the board or other relevant body would be […]

June 14, 2009
Asked and Answered

CPRA

Accessing bids for public contracts

I have submitted a request for public records to an irrigation district, consisting of several documents but most importantly a copy of a publicly read proposal turned in my another contractor. The irrigation district’s general counsel refused the request and quoted Times Mirror v. Superior Court. Public bids are read aloud at the time of […]

June 14, 2009
Asked and Answered

CPRA Police Records

Access to transcripts of 911 calls

Under the California Public Records Act, state and local agencies are generally required to respond to a request for public records within 10 days of the receipt of the request. If you have not already done so, you should probably submit a written request for the records you seek. It's probably best to direct […]

June 14, 2009
Asked and Answered

CPRA

Access to coroner’s report

[…] have become increasingly sensitive to concerns about personal privacy, and both private parties and public agencies now routinely invoke the California Constitution’s privacy provision as a justification for non-disclosure. I am unaware of any authority that addresses a claim that disclosure of coroner’s reports in general would violate the constitutional right of privacy. As […]

June 14, 2009
Asked and Answered

CPRA

Attempting to access phone call recordings made from jail

I want to request a copy of the recordings or transcripts of phone calls placed by an inmate at the County Jail. Are there cases or laws that I can use in my request to argue for releasing this media?

January 13, 2016