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Asked and Answered

CPRA

Using CPRA to learn rules governing Resort Improvement District #1

You are correct that Resort Improvement District No. 1 is a governmental agency subject to the California Public Records Act (the state law equivalent to the federal FOIA). RID1 was established in 1965 pursuant to Pub. Res. Code sections 13000-13233. The provisions of the Public Records Act are found at Govt Code sections 6250 […]

July 22, 2013
Asked and Answered

CPRA

Is a Salary/Wage Review Really A “Trade Secret”?

[…] or federal law allowing it to withhold the records you seek.Gov't code § 6255.)You may want to preemptively include some of the law cited above in your letter so that the district will be forced to think through whether its denial of your request is prudent.The PRA requires agencies to provide you with the […]

July 2, 2010
Asked and Answered

Brown Act

Is it a casual dinner or Brown Act violation?

[…] with ccs to the school superintendent and school attorney. The Brown Act does not specify a particular way that a violation of the Brown Act may be cured and corrected, but presumably the legislative body could satisfy the Brown Act by disclosing what was discussed at this restaurant meeting, thereby giving the public a […]

November 17, 2009
Asked and Answered

Brown Act

Supervisors multi-tasking during public comment

[…] the public testimony. This is particularly discouraging because this is a massive project with terrible impacts to our community. Does failure to pay attention to the testimony being giver or discussing the matter privately between themselves constitute a Brown Act violation? If so, is the deadline for sending a cure and correct letter 30 days?

December 21, 2011
Asked and Answered

CPRA

Agency missed CPRA request deadline

You are correct that California's Public Records Act provides that records must be made available for inspection during an agency's office hours and that copies of public records must be made available "promptly" upon payment of any duplication fees.Govt. Code Section 6253(b). The PRA directs agencies to determine whether a request calls for the […]

October 12, 2010
Asked and Answered

CPRA

Can compensation to a retired gov. official be public record?

[…] merit pay bonus, the public is entitled to know who the employee is, the amount awarded and even the reasons for the award.And in an unpublished opinion letter (Letter to Brian Hill from Deputy Attorney General Lisa Lewis Dubois (1988)), the attorney general concluded that the exact compensation (not simply the pay range) of […]

June 14, 2009
Asked and Answered

CPRA

Accessing police reports

I have been refused a copy of a police report. It is a complaint filed against myself. I have the complaint number. I filed a request with the police along with a check for the correct amount. I received a response back saying I wasn't allowed to have a copy with NO explanation why.

June 14, 2009
Posts

FAC Urges Merced School Board President to Stop Threatening Speech Rights

[…] made in a board meeting can be actionable as defamation under certain circumstances," before comment periods of its public meetings. FAC Legal Fellow Annie Cappetta sent a letter to Brooks, explaining that this threat violates the First Amendment, as well as California law, which "guarantees absolute immunity for statements made in legislative proceedings such […]
- Free Expression
October 28, 2024
Asked and Answered

Brown Act

Regulations on public comment

[…] you may seek to void an action taken at such meeting. The requirements for taking such an action require you to seek to have the agency " cure and correct" the action taken at the improperly held meeting, and then bring a lawsuit if they do not. The requirements are very specific, they have […]

June 14, 2009
Asked and Answered

Brown Act

Brown Act Requirements and Prohibitions in Relation to Community College Governments

[…] anyway, you are correct that it would depend on whether someone objects or not. The remedies under the Brown Act require that an interested seek to " cure and correct" an action taken in violation of the Brown Act, after which litigation may be commenced. See Gov't Code § 54960.1. In order to make […]

June 14, 2009