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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
Asked and Answered

Brown Act CPRA

Can they deny my request for a video of a meeting that was streamed live?

[…] destroyed 30 days after the recording. Any inspection of an audio or video recording shall be provided without charge on equipment made available by the local agency. Government Code section 54953.5(b). Assuming the video recording of the town hall meeting still exists, the agency should provide you with a copy pursuant to this code […]

June 12, 2015
Asked and Answered

CPRA Newsgathering School Records

School denies access to all info about coach fired amid rumors players’ were abused.

[…] lawsuit to enforce disclosure under the Public Records Act. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC inquiries from news reporters and the public. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.

March 9, 2014
Asked and Answered

CPRA

Can a public agency demand research fees on a public records request?

[…] research fees. I sent them a response citing the North County Parents case. They responded back saying that current fees are set by the County of Santa Clara’s Board of Supervisors. They cited Government Code Section 54985 as permitting them to charge this fee. Does this in fact permit them to charge a research fee?

August 22, 2012
Asked and Answered

Brown Act First Amendment

Can ID Be Required to Make Public Comment?

[…] assign next to the public-comment podium that says "Please state your name."I think it might even ask for address. I believe it is in violation of the Brown Act to require people to say their names. It is important in this community that people not have to state their name as an unfortunate individual […]

June 10, 2010
Asked and Answered

Brown Act

Serial Meetings 101

A citizen here has asked the DA to investigate Riverside County supervisors for possible violation of the "serial meetings" provision of the Brown Act. Could someone explain to me exactly how a series of two-person conversations can violate the act? On a five-member board, if A discusses X with B, and then B discusses […]

June 14, 2009
Asked and Answered

Brown Act

Placing items on Agenda and Mayoral Refusal

[…] post an agenda prior to meeting. Cal. Govt. Code Section 54954.2. However, the Brown Act does not dictate the way in which the agenda must be set. Government Code Sections 36802 and 36803 provide that "he mayor shall preside at the meetings of the council" and that the mayor may "discuss any matter as […]

June 14, 2009
Asked and Answered

Brown Act

Personal attacks in public meetings

In a closed session meeting, under The Brown Act, do the normal rules of order and decorum apply? We have a situation where some board members feel they can viciously and personally attack other members of the board with impunity. As this is a closed session, they feel that nothing can be done.

June 14, 2009
Asked and Answered

CPRA

Complaints, and Public Record

[…] etc., I should quote/give them in relation to this? (ie - They say, "We can't give you a copy of complaints, that's not public." I say, " Actually, according to code ______, I am entitled to these records, as they are public.") Please note: I am seeking the list of complaints, as opposed to […]

June 14, 2009