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Asked and Answered

Brown Act

Tape recordings of meetings

I want to listen to a tape recording of a meeting of the Fire District Board of Directors (they are elected). I have been told the recording is not public record. Don't they have to make it available for 30 days?

June 14, 2009
Asked and Answered

Brown Act CPRA

Citizen access to City financial reports

For the past year and a half, I have been attending our local City Council Meetings. I have determined by the current By-Laws that the Treasurer is required to file quarterly financial reports with the City, and I am attempting to access said reports. As a citizen do I have a right to […]

April 6, 2016
Asked and Answered

CPRA Police Records

Are CPRA exemptions discretionary?

When responding to a request for police reports, CA agencies will usually give a blanket-decision of no without an explanation. Since Cal Gov Code 6254 states CPRA exemptions are discretionary, are agencies negligent when declaring a blanket-policy of denying access to any requests? Our local PD allows access after the case is over. Are […]

August 21, 2012
Asked and Answered

Brown Act

Brown Act requirement for private nonprofits?

Please clarify for me the requirements of Brown Act compliance for a private nonprofit. We are members of an electric cooperative. As members of the cooperative we are each eligible to be board members. The elected directors make determinations on how operating capital is expended and invested. There has recently been allegations of fraud […]

July 19, 2012
Asked and Answered

CPRA

Can I access attorney’s retainer agreement and invoices via the Public Records Act?

[…] claim, I did a PRA request on to view a number of invoices paid for "legal expenses," and received no response. In reviewing the board's packet, I noticed another payment for a "consultant," so I sent my former PRA request again and added the new item. Hearing nothing again, I inquired; the secretary said […]

July 2, 2015
Asked and Answered

CPRA

Is a Salary/Wage Review Really A “Trade Secret”?

Our District Hospital contracted with a company to do a salary/wage and benefit review of hospital employees. They are meeting in closed session and discussing this report as a "trade secret." I have requested a copy of this report under the CPRA and was refused based on the trade secret exemption. Their response was, […]

July 2, 2010
Asked and Answered

Brown Act

Does Brown Act allow City secrecy about power plant plans?

[…] plant. The 5-year CEC permit is about to expire. Can the City keep secret the development map and property owners names on the building extension petition? The petition for another 5-year extension was filed with the CEC before the Council "formally" voted its support. Isn’t it suppose to be approved by vote and then filed?

June 14, 2013
Asked and Answered

Brown Act

Grounds for Cease & Desist under the Brown Act

Last June, my local City Council approved a $120,000 contract to a lobbying firm to work on a pending piece of legislation. The approval was in closed session and labeled as "Pending Litigation." Under the Brown Act, do I have legal grounds to pursue a Cease & Desist order?

March 31, 2016
Asked and Answered

First Amendment

Arrested for using “colorful” language at city council meeting

I was just arrested for saying the word "pussies" (referring to the lack of courage) at a city council podium, after of course signing up and being called up to speak. They have since added three other charges, four total, based on my use of "colorful" language at other city council meetings. I've already […]

December 31, 2010
Asked and Answered

CPRA Police Records

Denied police records because they were not in “searchable format”

[…] basis of County of LA v. Superior Court, the Kusar case. My request does require the search of numerous documents going back to 2007, but only asks for "blotter-type" information, i.e. name, date of detention, charges, etc., which I understand are firmly in the public sphere. Is the "contemporaneous" restriction ironclad, even with such […]

August 17, 2012