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Asked and Answered

Brown Act

Dealing with a cure and correct notice in a closed session

[…] legal action. I am thinking our discussion of the cure and correct should be in open session as we need to discuss whether we properly followed the Brown Act in the aforementioned meeting not the actual employee dismissal. My understanding is this sort of discussion is not allowed to be closed under the Brown […]

June 14, 2009
Asked and Answered

Brown Act

Circumstances for closed meetings

Meetings of any "legislative body" of a "local agency" as those terms are defined in California Government Code sections 54592 and 549451, respectively, may hold closed sessions for the following reasons: —To discuss and decide whether an applicant for a license or license renewal who has a criminal record is sufficiently rehabilitated to obtain […]

June 14, 2009
Asked and Answered

CPRA

Charter Cities and the CPRA

The California Public Records Act (California Government Code Section 6250 et seq.) governs access to public information and records from local government, including information and records from cities. On the local level, all government agencies except the court system are governed by the Public Records Act. California Government Code Section 6252 defines local agencies […]

June 14, 2009
Asked and Answered

Brown Act

Barred from entering public school board meeting

[…] be a pretty good argument that the husband was acting as the agent of his board member spouse, in which case what he did would violate the Brown Act (just as if his board member spouse had blocked access to the meeting). The board and spouse would probably argue that the husband wasn't acting […]

June 14, 2009
Asked and Answered

CPRA

Personal privacy exemption for public college dean

[…] the kennel where she boards her dog from international locales from that phone. I got the phone bills but all the phone numbers were redacted citing California Government Code §6254(c); Cal. Civil Code §1798.42. I am looking for some guidance as to how to draft a response arguing that these phone numbers should be […]

October 17, 2013
Asked and Answered

First Amendment

Can teacher lose job if student-survey questions school board policy?

[…] member would not be protected, it is not clear how the kind of communications you describe would constitute libel or slander. With respect to your second questions, government regulation of employee speech implicates First Amendment issues and is sometimes unconstitutional. The question usually boils down to the "‘balance between the interests of the [employee], […]

June 5, 2010
Asked and Answered

CPRA

Records request denied due to ongoing investigation

[…] retained by any state or local agency regardless of physical form or characteristics," Gov't Code section 6252(e) -- are presumed to be open to the public and must be disclosed unless a specific provision of the Act or other law exempts them from disclosure. The first question, therefore, is whether any "writing" exists pertaining […]

June 5, 2010
Asked and Answered

How much can I spend advertising against a ballot measure?

[…] that expenditures must be reported once specified monetary thresholds are reached. Governor Gray Davis Com. v. American Taxpayers Alliance, 102 Cal. App. 4th 449, 461 (2002). Under Government Code § 82013, a "committee" is defined as "any person or combination of persons who directly or indirectly does any of the following: (a) Receives contributions […]

July 7, 2010
Asked and Answered

CPRA

SF Unified School District Records

Can you please direct me to the correct California Public Records Act form I need to use to obtain records from the San Francisco Unified School District? Do I also need to submit a US FOIA request as well or is a CPRA request sufficient? Are there applicable administrative remedies that need to be […]

June 14, 2009
Asked and Answered

CPRA

Public records request run around from housing authority

I am not aware of any exception to the public records act for either payment of performance bonds or government contracts in general. As a general matter, all government contracts will be public records. Indeed, it seems here that the Housing Authority is not claiming otherwise. It merely is delaying the release of the […]

May 24, 2013