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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
Asked and Answered

CPRA

Can I use public records to find out why I was denied unemployment benefits?

I received a Notice of Determination from Employment Development Department (EDD) stating that I had I refused a Job…and under Code 1257B will be denied U/I benefits for 10 week…" I believe that EDD was supplied with false information by a previous employer simply for relation and or harassment do to a previous administrative law […]

June 8, 2012
Asked and Answered

CPRA

How do I enforce my right under the CPRA to inspect records?

[…] to the request to inspect the Department of Respiratory Therapy Policy and Procedures Manual. (The title of the manual was found in a Board of Directors meeting agenda. ) Over ten days have elapsed with no response to this request and no response to a follow-up request. The district did not request an extension. […]

June 7, 2017
Asked and Answered

CPRA

School district claims too busy to fulfill document request

[…] to view board meeting minutes, a contract with a specific vendor, payment documents to that vendor, and the names of the other bidders who were not selected for the position at the School District offices. Each time they sent me away saying that they were too busy to get the documents for me, and […]

August 18, 2011
Asked and Answered

CPRA

City Hall withholding excessive water users’ ID info

I cover city council meetings for a weekly newspaper in Northern California. City Hall will not release names or addresses for those exceeding city water rationing requirements. The city is in a declared water emergency. I can get a list of high users identified as residential or business water users like motels or restaurants, […]

July 14, 2014
Asked and Answered

CPRA Police Records

How to access arrest warrants

I attempted to view the arrest warrants issued for the month of May, I was told I could only see the warrants for which I could provide an address or date. The County clerks said that the warrants were public but could not be viewed all together because they were not filed that way. […]

July 8, 2011
Asked and Answered

Brown Act CPRA

Brown Act violation involving resignations

[…] violate the Brown Act (pertaining to open meetings), but it might violate the Board’s bylaws. You may want to request a copy, to determine voting and appointment requirements. Additionally, the resignation (and any document rescinding it) may be available to you by way of a public records request. The Public Records Act provides that […]

April 4, 2016
Asked and Answered

CPRA School Records

School refuses to explain why principal fired behind closed doors

[…] was forced to resigned after a closed session meeting with the school board. Board members say they CAN'T talk about the decision. I made a written request for the files. They say they don't have to show me the file's under government code 6250. I don't believe that's true. Most of the employees at […]

March 5, 2012