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

  • Asked and Answered

    First Amendment Police Records

    DUI Incidences and Media Reporting

    […] In a case called Nicholson v. McClatchy, the California Court of Appeal also held that a newspaper could not be sued for republishing the contents of a government record that was supposed to be kept confidential (the evaluation of a potential judge) because the media have a right under the First Amendment to ask […]

    June 14, 2009

  • Asked and Answered

    Newsgathering

    Copyrights and Mugshots

    All photographs are protected by copyright except photographs created by the US government.  So, technically, mugshots from local law enforcement are copyrighted. In addition, the competitor has a copyright in its website.  Taking content from the competitor's website could be copyright infringement. Finally, there is a doctrine of "hot news misappropriation," under which taking […]

    June 14, 2009

  • Asked and Answered

    CPRA

    City deleting unread emails

    […] a mayor or city manager actually read an incoming email. As to the second issue, the general rules regarding the destruction of city records are contained in Government Code section 34090 et seq, the text of which can be found at the link below. http://caselaw.lp.findlaw.com/cacodes/gov/34090-34093.html There may be other local ordinances that may apply […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Charging for Electronic Records

    […] a deposit of hundreds of dollars and my agreement to pay them whatever they determine the actual cost to be.  When you consider that more and more government agencies, like businesses, are going paperless, this will become a major problem unless it's already been addressed in law. As I have had explained to me, […]

    June 14, 2009

  • Asked and Answered

    First Amendment Newsgathering

    Anonymous Columnists

    […] As to your second inquiry, as a condition of their licensing, real estate agents and brokers are subject to certain rules regarding the representations and disclosures they must make to certain classes of people (e.g., sellers and buyers, as well as prospective sellers and buyers).  The extent to which these rules have been or […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Air Quality District Records

    It appears that the Bay Area Air Quality Management District (BAAQMD) is a local agency subject to the California Public Records Act (PRA).  In fact, the BAAQMD website states that public records in possession of the BAAQMD can be accessed by submitting a request pursuant to the PRA.  I would suggest that instead of […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Accessing the California Commission on Judicial Performance

    […] closed the case. They refuse to give us a reason as to why and have denied our repeated attempts to gain an explanation. If our complaint was well presented and therefore meritorious, we feel that we are therefore entitled to a reason as to why the CJP refuses to take any action in this matter.

    June 14, 2009

  • Asked and Answered

    Court Records

    Accessing criminal court records

    […] or the court on its own motion may move, to unseal a record."  Rule 2.551(h)(2). In deciding whether or not to unseal a record, the court " must consider the matters addressed in rule 2.550(c)-(e)," which include the requirement that a record may only be sealed if the court makes express findings that establish: […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Accessing bids for public contracts

    […] theory that this would reveal too much of the deliberative process.  Neither the policies supporting nor the cases interpreting this "deliberative process" exemption to the Public Records Act would seem to apply to public bids that were previously available to any member of the public at the time they were read. We cannot tell […]

    June 14, 2009