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Showing 61 - 70 of 347 results

  • Asked and Answered

    CPRA Police Records

    Accessing county’s payments to a doctor now under arrest for molestation

    […] starting at § 6275. Finally, there is a "catch-all" exemption that the government will sometimes invoke if a more specific exemption doesn’t apply. See Gov’t Code § 6255(a). This catch-all focuses on whether the public interest would be best served by disclosing or withholding the records. Id. The District Attorneys’ ("DA") office may attempt […]

    November 12, 2011

  • 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

  • Latest News

    Blog

    Public officials’ love of secrecy is no match for the public’s love to watch government decision-making up close. In California, democratic voyeurism prevails.

    […] (now the county assessor) denied requests under the Public Records Act for emails between him and other supervisors, as well as his calendar of official meetings and appointments. Postmus says he doesn't have to disclose records that might reflect his and his colleagues' "deliberative process." In this he relies on a 1991 Supreme Court […]

    June 2, 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

    Does the CPRA allow access to notes from interviews with job candidates?

    […] where disclosure would constitute an unwarranted invasion of privacy. These records are also subject to the deliberative process privilege, that protects decision-making processes. Cal. Gov. Code § 6255, the balancing test exemption, permits withholding a record if the public interest in nondisclosure outweighs that served by disclosure in order to protect the deliberative process. […]

    September 16, 2013

  • 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

  • Asked and Answered

    CPRA

    Can’t flush out City’s drainage report

    […] Of course, there are numerous exemptions that the City might invoke in responding to a records request, including 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 […]

    May 4, 2011

  • Asked and Answered

    CPRA

    Covered CA contracts exempt from PRA

    […] be subject to disclosure. In Michaelis, Montanari & Johnson v. Superior Court, 38 Cal. 4th 1065 (2006), the Supreme Court held that the PRA’s "catch-all" exemption, Gov’t Code section 6255, was satisfied such that during the City of Los Angeles’s consideration of various bidders in connection with an airport lease, the proposals themselves were exempt. Id. at […]

    June 2, 2016