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Asked and Answered

Court Records

Entitlement to court records

[…] get court records from the Richmond court. When I asked to get the records from my case the clerk said that I could not get any records until I put in my appeal. I also tried to put in a written declaration form and was told that it was too late. Can you help me?

June 14, 2009
Asked and Answered

CPRA

Court response time to CPRA

[…] be the typical response time on the day a request is received for a criminal complaint? The California Public Records Act says 10 days but upon written notice an additional 14 days if the request is voluminous ?6253(c) Does this time limit apply for requests sent by mail?I have typically received responses within 3 […]

June 14, 2009
Asked and Answered

Brown Act First Amendment

When a public official works remotely from a religious institution

[…] the Establishment Cause of the First Amendment. (To satisfy the Establishment Clause a governmental practice must (1) reflect a clearly secular purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) avoid excessive government entanglement with religion. Committee for Public Ed. & Religious Liberty v. Nyquist, 413 U. S.756, 773 (1973).)

June 14, 2009
Asked and Answered

CPRA

What is a Draft? How does that affect Public Records Requests?

An agenda report references a third party report. An excerpt from the agenda report: "The city engaged the services of Company to provide a cost benefit analysis of the proposed annexation. The preliminary results show that at project build out...a positive impact... of $1 million annually. This financial analysis will be refined throughout the […]

June 14, 2009
Asked and Answered

CPRA

Title IX Compliance Report

[…] the School District has failed to comply with Title IX of the Amendments to the Elementary and Secondary Education Act of 1972. Then OCR, the agency responsible for compliance with Title IX within the US Department of Education contacted the district and the district filed what the newspaper called a "report housed in a […]

June 14, 2009
Asked and Answered

CPRA

Tape recording closed sessions

As an elected Trustee for a local school district, may I record closed session for my personal use (note taking)? These would not be permanent records as I would reuse the tape for the next recording.

June 14, 2009
Asked and Answered

CPRA

Requests for applications of public positions

[…] director of the City's planning department. I will not be allowed to see anything.It is my understanding that CFAC's stance is that I should be allowed to review such materials. Do you have any suggestions as what to do now that I have been noticed that I will not be allowed to see the materials?

June 14, 2009
Asked and Answered

CPRA School Records

Records Request, Community College, and Time Limits

I personally served (Hand Delivered) a Community College back in April a CPRA request for information. Their attorney sent me a partial package. However, the main portion of information has not been sent. As a result, the attorney stated that his paralegal was working on it and that it would be sent out right away. […]

June 14, 2009
Asked and Answered

CPRA

How to file a verified petition

[…] obtain a specific record that is part of my case-file with the state. All records I have requested have been sent except one with no reason given for its exclusion. I understand I can submit a "verified petition" with the superior court to issue a writ of mandate requiring the state to provide the […]

April 18, 2016
Asked and Answered

Brown Act

What does Brown Act say about board members’ having secret affair?

[…] which they both serve, it is unlikely that any action by just two of the members will implicate the Brown Act. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition hotline inquiries. In responding to these inquiries, we can give general information regarding open government and […]

January 9, 2013