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Asked and Answered

Brown Act

Water Board repeatedly violates Brown Act

[…] recently attended a meeting of a publicly-elected Water Board. There were three Brown Act violations during the meeting. One of the violations was attempted and the attorney for the Board interrupted the Board and informed them that they were in violation of the Brown Act. Subsequently, this same Board held an opening of a […]

December 31, 2010
Asked and Answered

First Amendment Newsgathering Police Records

How much detail about the incident, offense, or arrest is the public entitled to under the law?

I'm a journalist who filed a request for police reports with the Police Department, seeking information about certain incidents and arrests involving stolen firearms. When the records officer called me to clarify what kind of information I was seeking, I told her I wished to receive basic information — such time, date, location, etc. […]

May 25, 2018
Asked and Answered

CPRA Police Records

Police Call and Arrest Logs

[…] arrest log? Can the name of the arrestee or callee be given to the public? If a City website keeps the call logs on the City website for 7 days, and they fall off, does that mean they are no longer accessible? How long must these records be provided for? One of the contentions […]

June 14, 2009
Asked and Answered

First Amendment

Newsracks and Shopping Centers

[…] of them. And that they need to have a policy that clearly states what they allow. Currently I have a problem with a shopping center who without notice removed all the free newspaper racks from their shopping center saying they had no contract allowing us to distribute there. They continue to allow the paid […]

June 14, 2009
Asked and Answered

CPRA

DMV License Plate Records

[…] back as non-existent. A DMV telephone help line operator told me the plate number was not in the DMV system. I submitted a broad CPRA request asking for all paper and electronic records for the license plate number as well as a photo of the vehicle showing the plates. DMV replied to my CPRA […]

June 14, 2009
Asked and Answered

Court Records CPRA Newsgathering

Destruction of Council Office Files

[…] copy and computer files) prior to the new Councilmember taking office. Our city has a document destruction policy which it follows for other city departments (including agendized notice, documents listed, Council vote to authorize) but that was not followed here. The outgoing (now former) Councilmember told our publication (and at least one other that […]

June 14, 2009
Asked and Answered

First Amendment

Defamation and libel in statements to elected officials

Are letters submitted to city council pertaining to an agenda item which contain obvious defamation and libel against a private citizen protected speech? I am a community representative who was the subject of hate speech via two letters, one anonymous and one signed to city council. In addition I was the victim of vandalism […]

June 14, 2009
Asked and Answered

Brown Act

Community College Senates, the Brown Act, and Secret Ballots

[…] governed by open meeting regulations, including the Brown Act. The Senate violated the Brown Act by conducting a secret ballot and a group of faculty brought a petition for a referendum vote by the faculty at large on the issue. The illegal secret ballot was then rendered null. My question is whether the referendum vote […]

June 14, 2009
Asked and Answered

Brown Act

Ad hoc committees under the Brown Act

[…] up being propaganda machines or special interest mechanisms. My question is at what political or length of time threshold (economic revitalization seems like a non-temporary issue to me) is an issue no longer a candidate for ad hoc committees, but for regular "standing" subcommittees that the public can attend? Is there a law about this?

June 14, 2009
Asked and Answered

Brown Act

Voting on Multiple Budgets

Redevelopment Agency agenda asks for 1 vote on 11 budgets for 11 redevelopment project areas. Does this conform to the Brown Act or should there be a 11 votes ?

June 14, 2009