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Asked and Answered

CPRA Police Records

Disclosure of applicant information under PRA

We're trying to request the applications of taxicab applicants to see if the regulatory body is discriminating. The public agency has redacted most of the applications for fear of a misdemeanor in releasing "convictions," (e.g. the agency maintains its own allegations of infractions and the applicants voluntarily submitted their place of doing business and their […]

March 22, 2016
Asked and Answered

Brown Act

Does the Brown Act allow closed sessions to appoint legal firm?

As you are aware, California Government Code § 54957(b)(1) is a provision of the Brown Act that grants agencies the right to hold closed session meetings to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee. Yet, the California Constitution and a series of case law requires that the […]

January 31, 2012
Asked and Answered

CPRA

Government agency refusal of email records

I was refused access to government emails and correspondence because the records were determined to be exempt from disclosure under the Public Records Act (recognized under the public interest balancing exemption provided by Government Code section 6255). Does this also refuse my right to access the time and date of the email correspondence?

April 12, 2016
Asked and Answered

CPRA

Denied access to county’s seismic studies

[…] 6253(c). In addition to some of the specific exemptions that agencies invoke in justifying the withholding of records, some agencies cite the Act's "catch-all" exemption, contained in Government Code § 6255(a). This exemption states that in order to justify withholding a record, the agency must show that "on the facts of the particular case […]

September 29, 2011
Asked and Answered

Brown Act CPRA

CPRA request was denied for document discussed in open session

[…] regarding a legal settlement involving a civil lawsuit against the county filed by a victim of alleged sexual molestation by a county physician, the supervisors discussed corrective action the county would take in response to the lawsuit. However when I asked for a copy of the Corrective Action Plan document, which is sometime posted […]

January 14, 2016
Asked and Answered

Brown Act

Can new board member get updated on past closed sessions?

[…] disclose the information to the new member would be appropriate. Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.

November 28, 2011
Asked and Answered

Brown Act

Agency terminates audio recording of meetings without notice

[…] make them available to the public. I obtain one for a missed meeting. Then skipped a meeting, relying on the availability of the recording, only to be told afterwards, that the staff person did not record the meeting on direction of one of the members. I would like to see them continue. Brown Act relevancy?

September 4, 2016
Asked and Answered

Brown Act CPRA

Water agency contractors’ calculations “trade secret”?

[…] but has not responded for a request to review the consulting contract itself. This isn’t academic: the agency asserts that the consultants’ excel spreadsheet originals containing the actual cell-by-cell math calculations are proprietary to the consultant and the water agency itself isn’t privy to the calculations. Here’s the dilemma: first, this means that the […]

January 16, 2012
Asked and Answered

CPRA

Does Brown Act apply to nonprofit and government agency overlap?

A nonprofit 501c3 foundation was set up to raise money for a public agency, incorporates the name of the agency into its name, uses the agency’s facilities and relies on the agency to act in the capacity of employer of its staff. Is it arguably a public agency, and as such subject to CPRA?

May 30, 2013
Asked and Answered

Brown Act

School board closed session “under the guise of labor negotiations.”

Our Unified School District is always walking a very fine line when it comes to the Brown Act. At the last Board of Trustees meeting, the superintendent stated, and three trustees confirmed, that the district has come up with a plan to tackle the multimillion-dollar shortfall it's expecting for the next school year. The superintendent […]

February 20, 2015