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Showing 41 - 50 of 347 results

  • Asked and Answered

    Brown Act

    Does the Brown Act allow closed session negotiations for all public school contracts?

    Does the Brown Act allow a publicly elected school board to hold closed session discussion under Government Code 54957 (Public Employee Appointment/Employment) and 54957.6 (Labor Negotiations) regarding the appointment and pay structure of a Director of Curriculum to the position of Assistant Superintendent of Educational Services. Both positions are administrative positions that report directly to […]

    July 19, 2016

  • Asked and Answered

    Brown Act CPRA

    Does short notice of public hearing invalidate contract?

    […] of terms of contract was made available to the public and city council on May 27.  Public Hearing on the contract appeared on agenda under the Consent Calendar and not the Public Hearing subsection. This agenda was attached to summary of the contract. I have not found language defining "Public Hearing" but I contend […]

    June 23, 2010

  • Asked and Answered

    CPRA

    County Refusing to Share Mold Report they Say Requires Us to Vacate. How Can We Access that Report?

    […] the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record." Cal. Gov. Code § 6255(a) (emphasis added). This exemption is broad and routinely invoked by public agencies in denying access to public records, but it often does not justify non-disclosure, as […]

    April 21, 2022

  • Asked and Answered

    CPRA

    Requests for applications of public positions

    […] App. 4th 1136 (1997) and California First Amendment Coalition v. Superior Court, 67 Cal. App. 4th 159 (1998).  Both cases involved applications submitted to the Governor for appointment to vacancies on county boards of supervisors.  In both cases, the court of appeal held, for a variety of reasons, that the applications were exempt from […]

    June 14, 2009

  • Asked and Answered

    CPRA

    District won’t release legal bills from defending workers’ comp cases

    […] Los Angeles v. Superior Court, 41 Cal. App. 4th 1083 (1996). The district may also attempt to invoke the Act's "catch-all" exemption, contained in Government Code § 6255(a).This exemption states that in order to justify withholding a record, the agency must show that "on the facts of the particular case the public interest served […]

    October 22, 2010

  • Asked and Answered

    Brown Act

    Convening in closed sessions

    […] for Local Legislative Bodies, p. 12 (Cal.Atty General's Office 2003). With respect to whether the board can hold a closed session to discuss the supervisor search and appointment, the answer to that question is yes.   Government Code Section 54957 provides that boards may hold closed meetings to "consider the appointment, employment, evaluation of performance, […]

    June 14, 2009

  • Pages

    Explainers

    […] clearly outweighs the public interest served by disclosure of the record." Times Mirror Co. v. Superior Court, 53 Cal. 3d 1325, 1338 (1991) (quoting then-Govt. Code § 6255(a), now § 7922.000). Under the catchall exemption, the "proponent of nondisclosure" must "demonstrate a clear overbalance on the side of confidentiality." American Civil Liberties Union Foundation […]

    July 3, 2024

  • Asked and Answered

    CPRA

    Complaints, and Public Record

    […] of a local agency are presumed public unless one of the Public Record Act's exemptions applies.  These exemptions can be found at Government Code Sections 6254 and 6255.  It is not immediately apparent that any such exception would apply in this case. For purposes of your attempt to gain these complaints, the California Public […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Police Background Investigation

    It sounds like the police department is relying (at least implicitly) on Section 6255 of the California Public Records Act ("PRA"), which provides that an agency can withhold records by demonstrating "that on the facts of the particular case the public interest served by not making the public record clearly outweighs the public interest […]

    June 14, 2009