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Asked and Answered

CPRA

Destruction of public records

[…] context of discussing exemption of particular records, the PRA expressly recognizes that agencies do not retain records indefinitely.See Cal. Gov't Code section 6254(a).Please be aware that California Government Code section 34090 requires the retention of city records less than two years old.After that time period (and unless the records are required to be kept […]

June 14, 2009
Asked and Answered

Brown Act First Amendment

When a public official works remotely from a religious institution

May a local water district, subject to the Brown Act, allowed a director to participate telephonically where the remote site (in this case Palmyra, NY) is a facility which is part of the Mormon Church. In this case the remote site is the Visitors Center of Hill Cumorah, which displays religious symbols, shows films […]

June 14, 2009
Asked and Answered

CPRA

UC student grades and the CPRA

I have a question about the California Public Records Act. Do Public records include student grades from the UC system?

June 14, 2009
Asked and Answered

CPRA

The CPRA, Email Communication, Right to Privacy and Records Regarding One’s Self

I made a California Public Records Act request to a public school district in California for: "All Email communication regarding myself and my child." I received partial records which are not nearly complete. I am concerned about adherence to legal safeguards prohibiting school districts or any public entity from "sanitizing" requested records. Thus far, I […]

June 14, 2009
Asked and Answered

Bagley-Keene Act CPRA

The California Bar and CPRA

Is the California Bar subject to the California Public Records Act or any similar open access law?

June 14, 2009
Asked and Answered

CPRA

University claims to have a year to respond to document requests

[…] Act, the agency must make the records available "promptly." If an agency refuses to provide records under the Act, the ultimate recourse is filing a lawsuit under Government Code Section 6259.Such lawsuits are typically initiated by a verified petition (i.e., a request filed under oath) that asks the court to issue a writ of […]

January 4, 2011
Asked and Answered

CPRA School Records

Globe trotting university official keeps tabs on dog sends bill to tax payers

[…] and the dean often calls the kennel from international locales on UC’s dime. I got the phone bills but UC redacted all the phone numbers 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 […]

March 20, 2012
Asked and Answered

First Amendment Social Media

Prof worried about free-speech rights regarding Facebook post

The First Amendment, with some exceptions, generally prevents the government from limiting citizens’ speech. Employers, with some exceptions, generally have the ability to limit what their employees can say on behalf of the company or while engaged in work functions. Thus, an interesting dynamic is generated when, as in your situation, the government is […]

February 22, 2015
Asked and Answered

CPRA Newsgathering

Dental Board of California & the CPRA

[…] California refused my CPRA request for reports of dental complications pursuant to the Business and Professions Code 1680(z)(1-3). The Board maintains that these records are exempt under Government Code Section 6254(f). The Board contends that these reports are exempt because they are complaints or investigations compiled for licensing purposes. I believe the Board is wrong […]

April 19, 2016
Asked and Answered

Brown Act

Do agenda posting times count business days only?

I understand that the Brown Act requires that agendas be made public 72 hours in advance of a meeting. Is that 72 business hours or could posting on a Friday morning (ahead of a Monday meeting) be sufficient notice? This notice would be posted at a California Public Charter School.

March 18, 2016