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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

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
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
Asked and Answered

CPRA

Denied access to county’s seismic studies

[…] to some of the specific exemptions that agencies invoke in justifying the withholding of records, some agencies cite 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 […]

September 29, 2011
Asked and Answered

Brown Act

Should school superintendent’s goals be made in closed session?

[…] this chapter shall be construed to prevent the legislative body of a local agency from holding closed sessions during a regular or special meeting 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 […]

April 13, 2012
Asked and Answered

CPRA

School documents and lost records

[…] district are accessible to the public unless they come under one of the exemptions set forth in Government Code sec. 6254 or the "catchall" exemption in sec. 6255. With regard to salary compensation information, there has been a fair amount of controversy and litigation over the issue recently, but sec. 6254.8 of the Act […]

June 14, 2009
Asked and Answered

CPRA School Records

Public Records Act Request Denied Due to Inability to Redact “Deliberative Material”

[…] report that was generated using this data. The school district has informed me that the records that I requested are exempt from disclosure citing Gov. Code § 6255. I appealed the decision based on the wording of the code that states: "If a record contains both factual and deliberative materials, the deliberative materials may […]

February 20, 2018