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Asked and Answered

Brown Act

Attorneys present at closed meetings

Government Code 54956.9 allows legislative bodies (which includes hospital districts) to hold closed sessions to discuss pending litigation when discussion in open session would prejudice the public agency. The purpose of the pending litigation exemption is to protect confidential attorney-client communications and allow a legislative body to meet with its attorney to receive […]

June 14, 2009
Asked and Answered

CPRA Police Records

Accessing Police Reports on Investigations

[…] Act ("CPRA"). Under the CPRA, records in the possession of public entities are presumed to be public unless one of the Act's enumerated exceptions to disclosure applies. Government Code section 6254(f) sets forth the so-called "law enforcement" exemption, which allows law enforcement agencies (such as a city police department) to withhold, among other things, […]

June 14, 2009
Asked and Answered

CPRA Police Records

Accessing Police Reports

[…] and turned in a subpoena and turns out it was the wrong one. The office told me to either send a letter to invoke the Public Records Act or have a Subpoena Duces Tucem but I would also need to have a Notice to Consumer. Finally my question, would I get the information I […]

June 14, 2009
Asked and Answered

CPRA

911 transcripts

[…] paper and electronic documents collected, owned, or maintained by a state or local agency is a public record for the purposes of the California Public Records Act, Government Code section 6250 et seq., and is available for public inspection and copying unless one of the Act's exemptions applies. If you have not already made […]

June 14, 2009
Asked and Answered

Brown Act

Videotaped of open meeting and reproduction

The Brown Act, in Government Code section 54953.5, only requires that the board make the tape available for "inspection" in its offices without charge on a tape recorded provided by the board. It does not say anything about obtaining a copy of the tape. However, the section also says that the tape shall be […]

June 14, 2009
Asked and Answered

Brown Act

University of California Press

I am a journalist working on a book about a cult that was active in southern California in the 90s. As part of my research, I am trying to obtain records from the University of California Press about a book they published. My hope is to obtain the minutes of the editorial committee meeting […]

June 14, 2009
Asked and Answered

CPRA

Boating Accidents and the CPRA

Under the California Public Records Act, Government Code section 6250 et seq., records maintained by public agencies are presumptively available for public inspection and copying unless one of the Act's exemptions applies. In this case, the Sheriff's department is probably relying on section 6254(f), which exempts "records of investigations" as well as "investigatory files." […]

June 14, 2009
Asked and Answered

Brown Act

Limitation On Public Comments At City Council Meeting

If a city council establishes a protocol whereby the mayor may unilaterally decide to limit public comments on a topic to no more than 45 minutes, thereby preventing people present who wish to make public comments from speaking, is that compliant with the Brown Act?

March 3, 2020
Asked and Answered

CPRA

Report Request Denied Citing ‘Attorney Work Product, Official Info and Deliberative Process Privilege’

[…] disclosure to the public by the attorney work-product privilege (Code of Civil Procedure §2018.030), the official information privilege (Evidence Code §1040), and the deliberative process privilege ( Government Code §6255; Times Mirror Co. v. Superior Court (1991) 53 Cal.3d 1325)." I'd like to get some guidance on this. Would such a report actually fall […]

November 27, 2018
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June 11, 2024