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Asked and Answered

CPRA

CPRA Exemptions for Drafts

[…] it would not be provided until it is completed. In actuality, this is supposedly ready to go to the Planning Commission in two weeks. This all seems like a delay tactic. Have read your answers about reports in draft form. This response does not seem to meet the exemption requirements. Thank you for any clarification.

April 2, 2018
Asked and Answered

Brown Act CPRA Newsgathering

Police dispatch calls

It wouldn't appear that you have any basis for challenging this under California law. The public records act only covers writings, not oral communications. Government Code section 6252(d). And such police communications would not constitute meetings that are a required to be open to the public under the Brown Act. I'm not currently aware […]

June 14, 2009
Asked and Answered

CPRA

Tax collector withholding documents

My request to the CountyTax Collectors' office for "any handbook, manual or instructions that delineate the process in which your office processes claims for excess proceeds" is almost one month past the day they received the request and have refused to respond. What should I do?

July 16, 2009
Asked and Answered

First Amendment

Free speech “cornered” in downtown park

[…] places/ways to express yourself. Although it is not clear that requiring you to speak only in a designated area of the park would satisfy the First Amendment requirements for a publicforum, the application of the test would be highly fact-specific, and itis not possible to tell you how a court would ultimately decide thisissue […]

April 27, 2010
Asked and Answered

Brown Act CPRA

Redevelopment Agency becomes “private corporation” not covered by Brown Act?

[…] the Board of Directors are comprised of former city council members and other on various city commissions, etc. Plus, the RCDC uses city planning and other staff for its meetings,etc. Citizens have repeatedly asked for information pertaining to the business they are conducting, but have been refused access to that information, being told that […]

May 2, 2013
Asked and Answered

CPRA Police Records

Denied records of homicide investigation

[…] ultimately got to a Sergeant. He said it was largely a factor of time to redact any personal information of witnesses, etc. He would "try" to arrange for me to come in so he could verbally reveal information as he saw fit and that would not take up too much of his time. This […]

December 23, 2011
Asked and Answered

CPRA

Can criminal background checks on county candidates be kept confidential?

The County Board of Supervisors announced it will conduct a criminal and financial background check on the individual it selects to fill an open elected position for the clerk-recorder/registrar of voters. The county manager and county counsel say the results of these checks will not be public documents pursuant to the penal code which […]

May 1, 2013
Asked and Answered

CPRA

CPRA Request being stonewalled by their attorney

[…] district with the governing board elected by the populace. It is a 5 member board. There are no term limits and several board members have run unopposed for many years. This Board is supposed to provide oversight over the actions of the Fire Chief. Recently members of the community have become aware of what […]

June 12, 2013
Asked and Answered

First Amendment

Are law enforcement officers exempt from having their court proceedings made public?

[…] is sought of certain types of peace officers records, including records pertaining to complaints against peace officers, the party seeking disclosure must file a motion and provide notice to the governmental agency holding the records. The specific requirements for the motion can be found in Evidence Code Section 1043 . This does not mean […]

September 15, 2016
Asked and Answered

CPRA Police Records

Police refuse request for incident report from peaceful protest

[…] alleged infraction or complaint. The private security official then approached each of us handing us a written notification bearing our personal identifying information, threatening to arrest us for trespass if we came onto any area of the parking lot of any of the businesses in the strip mall. We asked him how he had […]

September 9, 2011