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Asked and Answered

Brown Act

Time restrictions on public comment at public meetings

The Brown Act provides that "very agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on items of interest to the public that are within the subject matter jurisdiction of the legislative body." Ca. Govt. Code Section 54954.3(a). The Brown Act also provides that […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Text-Messaging Public Records

[…] are not public record because he used his personal iPhone and has not submitted a request for reimbursement from the City. I have checked the Sunshine Law, Brown Act and CA Public Records Act and can find no authority for the Mayor's position. At the same time, I can find no authority for the […]

June 14, 2009
Asked and Answered

Brown Act

We’ve requested items added to agenda and been denied. Can they do that?

[…] what kind of internal guidelines the CSD may have adopted. 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.

August 28, 2010
Asked and Answered

CPRA

Access to sheriff’s e-mail and phone records

[…] including leaking personnel file details about deputies and staff who disagree with him to a guy running a character assassination blog in support of the sheriff. Are his e-mail and phone records subject to Public Records Act law? Am I able to request those from the county, along with information on his Internet browser cache?

March 22, 2012
Asked and Answered

Brown Act

Urgent meeting scheduled for July 4 seemed to circumvent the public process

[…] the normal town meeting room but was not televised as is usual and customary for town meetings. The cameras were present but not turned on. Staff never attempted to activate them nor contacted the persons who do. Nor was it streamed on the internet as per usual. I feel that this will become a common occurrence in order to […]

July 13, 2014
Asked and Answered

CPRA FOIA Police Records

Sheriff’s office won’t release names of inmates held on immigration charges

[…] clerk: Dear Ms...... The Sheriff's Office believes that the names of jail inmates are protected from disclosure under the California Public Records Act as security records under Government Code Section 6254(f). In addition, disclosure of local summary criminal history information is prohibited pursuant to Penal Code Section 13300 (violation is a misdemeanor per Penal […]

August 26, 2011
Asked and Answered

CPRA Police Records

Access to records in workers’ comp issue

[…] radio, phone, and cab logs based on the following letter: We have received your California Public Records Act request, these files are exempt from disclosure pursuant to Government Code 6254. However, you can contact the local law enforcement agencies to request what is releasable to you under the California Public Records Act. I don't […]

April 5, 2016
Asked and Answered

CPRA

Will attorney/client privilege keep me from learning how County is spending bond money?

[…] obligated to inform you what code or law allows the county to use funds from a CSA in the situation you describe. Generally speaking, California laws require government agencies to disclose most writings related to public business and require legislative bodies of government agencies to conduct most of their meetings in public. But obtaining […]

June 8, 2015
Asked and Answered

CPRA

Can I appeal a records request denial from State Medical Board?

[…] avenues for appeal. By my reading of relevant case law, and admittedly I am not a lawyer, this information is clearly not exempt from the Public Records Act. Are there avenues for appeal for this kind of denial that don’t involve entering litigation? If litigation is required, is it common practice, or even legal, […]

August 22, 2011
Asked and Answered

CPRA

How long are routine County surveillance records archived?

[…] retention act, and is therefore silent on this front. There are several other statutes that govern various agencies’ duty to retain records. With respect to City recordings: Government Code section 34090.6 requires: "the head of a department of a city or city and county, after one year, may destroy recordings of routine video monitoring…This […]

May 6, 2016