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PLAYING HIDE AND SEEK WITH PUBLIC RECORDS

[…] fires raged in San Bernardino County and Postmus, then the chairman of the Board of Supervisors, was mysteriously absent. A San Bernardino County judge ordered a few calendar entries and e-mails released but upheld the county’s decision to withhold many calendar entries based upon the county’s claim of "deliberative process." But during the case, […]
- Government Transparency and Accountability
- Public Records
June 3, 2009
Asked and Answered

CPRA

Records request denied due to “deliberative process privilege”

My city is claiming "deliberative process privilege" in redacting the planning director appointment calendar. I'm wondering if there have been any successful challenges to the deliberative process privilege since Schwarzenegger's refusal to turn over appt calendars for two aides citing this privilege?

June 6, 2013
Asked and Answered

CPRA

Emails as public records

[…] Code section 6255.The California Courts have recognized that this "deliberative process privilege" may justify non-disclosure in some circumstances, for instance in response to a request for all calendars of the Governor of California.(See Times Mirror v. Superior Court, 53 Cal. App. 3d 1535 (1991). However, they have also recognized that a narrower, more specific […]

June 14, 2009
Asked and Answered

Brown Act

Can A School District Bar The Public From School Closure Meetings?

[…] committee. See Frazer v. Dixon Unified Sch. Dist., 18 Cal. App. 4th 781 (1993). In that case, the board’s adoption of a formal, written policy calling for appointment of a committee to advise the school superintendent and, in turn, the school board (with whom the final decision rested), whenever there was a request for […]

April 21, 2022
Asked and Answered

CPRA

Giving conditions to public records requests

[…] the individual requesting access, and outlining the meeting dates of minutes desired for viewing. 2. After receiving the written request, the individual will be contacted with an appointment for viewing access of the minutes requested. 3. If copies are requested, there will be a charge per page for copies. After reviewing the Pocket Guide […]

June 14, 2009
Asked and Answered

Brown Act CPRA

What Constitutes a Local Agency

Your first step is to determine if you have a right of access to the information you are seeking under general the California Public Records Act ("PRA"). The Brown Act, which you referenced in your inquiry, is California's open meetings law, whereas the PRA is the open records law, and governs access to the public […]

June 14, 2009
Asked and Answered

CPRA School Records

Accessing a public employee’s resume

A California state university employee committed resume fraud in securing job appointment. The chancellor's HR office conducted an investigation and concluded the employee was guilty. We heard rumors that the employee was disciplined by the university. My questions are: 1. Is the disciplinary action on the employee by the university public record? 2. Is […]

June 14, 2009
Asked and Answered

Brown Act

Discussion of Employee Termination in Closed Session

[…] As you seem to know, under section 54957 of the Brown Act, the legislative body of a local agency may hold a closed session "to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee by another person or employee […]

June 14, 2009
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FAC Joins Coalition Urging SF Mayor to Restore Rights Under Sunshine Ordinance

[…] negotiations, nor the right to a response to a Public Records Act request unimpeded by the often abused 'catch-all' exemption from disclosure found in Government Code section 6255, to combat this public health emergency. In fact, the Sunshine Ordinance section expressly forbids 'assert(ing) an exemption for withholding for any document or information based on […]
- Government Transparency and Accountability
- Public Records
April 20, 2020
Asked and Answered

CPRA

Access to rezoning information

[…] your request in writing. Among other things, to the extent the agency denies your request, they must notify you of that denial in writing. Gov't Code Section 6255. Your request does not need to be sent in any particular matter. Additionally, the PRA gives an agency 10 days to respond to a request. Gov't […]

June 14, 2009