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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

    Can airing a copyrighted news clip for critiquing constitute “fair use”?

    Your question is primarily governed by copyright law.  Although the Courts have indicated that the First Amendment may have some impact on the application of the Copyright Act to particular conduct, in general the First Amendment does not provide a defense to copyright infringement.The issue presented by your question is whether the use of […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Are oral CPRA requests permitted?

    Under the California Public Records Act, Government Code § 6250 et seq., an oral request for records is permitted.  Government Code section 6253(a) provides that public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Accessing Termination of Employment Records

    1) My former employer violated my privacy by releasing reasons why I was terminated to the public which was different from the reason that he has given me in writing. 2) I recently asked for copies of my emails pursuant to public records act and the City denied me them. .

    June 14, 2009

  • Asked and Answered

    CPRA

    Accessing personal information in police reports

    […] a case called Williams v. Superior Court, decided that police departments do not have to provide actual copies of complaints, but under the Public Records Act ( Government Code section 6254(f)) must make available the following information in those complaints (unless doing so would endanger the successful completion of an investigation or the safety […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Accessing Government Phone Records

    […] and desk phone records of elected officials are available for review by citizens/news organizations, etc. and that privilege can not be invoked by a municipality or local government to redact the incoming and outgoing phone numbers from those records.  Is that correct?  If so - where has this been done before?  Other than the […]

    June 14, 2009

  • Asked and Answered

    CPRA School Records

    Accessing a public employee’s resume

    […] conducted an investigation and concluded the employee was guilty.  We heard rumors that the employee was disciplined by the university.  My questions are: 1. Is the disciplinary action on the employee by the university public record? 2. Is the employee's resume public record? 3. Is the conclusion of chancellor's investigation public record? If so, […]

    June 14, 2009

  • Asked and Answered

    CPRA Police Records

    Access to transcripts of 911 calls

    […] Records Act affirmatively requires police agencies to provide the public with "the substance" of "all requests for assistance," including all of the "factual circumstances surrounding the incident." Government Code section 6254(f)(2). Often, the best way for a department to comply with this statutory obligation is to release the 911 tape, and you might want […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Access to names of applicants to official positions

    […] are only asking for the names.  Disclosure of the names alone will not have any deterrent effect.  If it does, these people have no place applying for government positions.  Second, Proposition 59, passed last November, was designed to reverse those two cases I just mentioned.  You can download the language of the proposition and […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Access to coroner’s report

    I am unaware of any provision of the Government Code relating to coroners and coroners’ records that makes a coroner’s report confidential or precludes public disclosure of the coroner’s records, with the exception of limitations imposed on the disclosure of privileged communications of a decedent obtained by subpoena.  Cal. Gov’t Code § 27491.8. Because […]

    June 14, 2009