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Asked and Answered

Brown Act

Foreign Nationals’ Open Government Rights

No, the rights created by CA's access laws are not limited to citizens. Citizenship is irrelevant. Even foreign individuals and foreign corporations may assert the rights to open meetings (the Brown Act) and rights to public records (the California Public Records Act).

June 14, 2009
Asked and Answered

Court Records

Finding out if a newspaper is of general circulation

As you know, the requirements for qualifying as a newspaper of general circulation, and obtaining a judicial decree establishing that a newspaper is one of general circulation, can be found in Government Code section 6000 et seq. A newspaper can be qualified as a newspaper of general circulation for a particular city or county, […]

June 14, 2009
Asked and Answered

Court Records

Disclosure of Traffic Tickets, Personal Information

[…] Inc. v. Superior Court, 20 Cal. 4th 1178 (1999); Burkle v. Burkle, 135 Cal. App. 4th 1045 (2006). California Rule of Court 243.1 sets forth the stringent requirements for sealing (ie, denying public access) to court records. For a document to be sealed, the court must make specific findings on the record, including that […]

June 14, 2009
Asked and Answered

CPRA Police Records

Criminal Investigation Files and the Department of Toxic Substances Control

[…] Control. The case is closed, having been adjudicated by a no plea in 1994. The department will not release the file, saying that there is an exemption for disclosure of DTSC investigations. I have been unable to find any such exemption, and wondering if CFAC may be aware of case law, or other restrictions, […]

June 14, 2009
Asked and Answered

CPRA

Charter Cities and the CPRA

[…] are not "Concerns of the State." As a "municipal affaire" our City Charters public records provisions are protected by our Constitution, we believe that the public records requirements set forth in a city charter is the law, as long as it does not conflict with a "State Concern" or any other portion of the […]

June 14, 2009
Asked and Answered

CPRA

Are Voter Information and Other Records Requests Public Records?

[…] to privacy laws and CA Law 2194- I may be off on the law's statute) 2) Information as to what others have requested as public records ( for example, I would ask the County and city to provide me with what public documents one person has requested; I would then be asking for a […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Applicability of the Public Records Act to Private Text Messages

[…] oil spill. He claims that the phone records and text messages are not public record because he used his personal iPhone and has not submitted a request for reimbursement from the City. I have checked the Sunshine Law, Brown Act and CA Public Records Act and can find no authority for the Mayor's position. […]

June 14, 2009
Asked and Answered

CPRA

Access to appointment calendars

[…] understand the deliberative process through which decisions are made." Thus, Proposition 59 was clearly intended to preclude the use of the "deliberative process" privilege as a basis for withholding records such as appointment calendars.Note also that the Times Mirror decision involved a broad request for several years worth of calendars, and the Supreme Court […]

June 14, 2009
Asked and Answered

CPRA

State college employees using work email for political campaigning

A member of the staff of a state college used his work email address for over two years to conduct a political campaign. County Counsel is both refusing to act on this matter, and claims there was no inappropriate use of a public email. He talks about door hangers, calling up talk shows, and […]

August 12, 2011
Asked and Answered

CPRA School Records

Public official’s email communications

[…] 6254(f) of the Act mandates the disclosure of information regarding arrests and complaints or requests for assistance, but does not exclude information regarding juveniles from the disclosure requirements. However, if the emails relate to juveniles accused of perpetrating crimes (as the case appears to be here), access to them may be governed by the law […]

June 14, 2009