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Showing results for government bodies must comply brown act 54951 act90 54951 act 54951 act90 54951 54951 54951

Asked and Answered

First Amendment Social Media

Prof worried about free-speech rights regarding Facebook post

The First Amendment, with some exceptions, generally prevents the government from limiting citizens’ speech. Employers, with some exceptions, generally have the ability to limit what their employees can say on behalf of the company or while engaged in work functions. Thus, an interesting dynamic is generated when, as in your situation, the government is […]

February 22, 2015
Asked and Answered

CPRA Newsgathering

Dental Board of California & the CPRA

[…] California refused my CPRA request for reports of dental complications pursuant to the Business and Professions Code 1680(z)(1-3). The Board maintains that these records are exempt under Government Code Section 6254(f). The Board contends that these reports are exempt because they are complaints or investigations compiled for licensing purposes. I believe the Board is wrong […]

April 19, 2016
Asked and Answered

Brown Act

Do agenda posting times count business days only?

I understand that the Brown Act requires that agendas be made public 72 hours in advance of a meeting. Is that 72 business hours or could posting on a Friday morning (ahead of a Monday meeting) be sufficient notice? This notice would be posted at a California Public Charter School.

March 18, 2016
Asked and Answered

CPRA

Can a fee be charged for requesting public documents held in storage?

I recently submitted a Public Records Act request in my city. I have just been told that I will be charged a $33.25 fee for retrieving documents from storage. Is this legal? It certainly does not seem consistent with the PRA documentation I have read.

June 12, 2014
Asked and Answered

CPRA

School district claims too busy to fulfill document request

[…] to provide an estimated time and date of production. If an agency refuses to provide records under the Act, the ultimate recourse is filing a lawsuit under Government Code Section 6259. Such lawsuits are typically initiated by a verified petition (i.e., a request filed under oath) that asks the court to issue a writ […]

August 18, 2011
Asked and Answered

CPRA First Amendment Police Records

Police say daily crime logs can’t be released to the public

[…] glass on the front window and said I could not take photos or notes. I am arguing that the log must be delivered electronically by request per government code 6253.9, and that I must be allowed to inspect the document in person and duplicate as I see fit. The department PIO sent a message […]

June 17, 2016
Asked and Answered

CPRA

Agency Claims 90-Day Records Request Response Time

[…] was finally told that a response would be forthcoming in 90 days. I questioned the 90 days and below was a response from there legal dept. " Government Code 6253(c) also states that when a state agency makes a determination that it has disclosable public records, that "the agency shall state the estimated date […]

February 14, 2018
Asked and Answered

CPRA Newsgathering

Should complaints against belligerent councilman be public?

[…] is limited to the information whose disclosure would be an unwarranted invasion of personal privacy. Where public records relate to verified misconduct on the part of a government employee or official, the public’s interest in learning about the misconduct and the government’s handling of it is generally given great weight and the individual’s personal […]

August 19, 2011
Asked and Answered

CPRA Police Records

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

[…] of "specific" exemptions that have been added over time. Many of these exemptions are listed, 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 […]

November 12, 2011
Asked and Answered

CPRA

Can a city assert a copyright claim to a public document?

[…] a copyright claim to a public document, in this case a short documentary produced by its cable access television department? I’m being told no, in California a government entity cannot assert a copyright claim to this video produced at taxpayer expense without the express authorization of the legislature (County of Santa Clara v. Superior […]

June 8, 2012