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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

CPRA Police Records

Are CPRA exemptions discretionary?

[…] for a pending case may obtain a copy of the crime report through the discovery process at the court. A suspect may obtain a copy of a crime report after the case has been adjudicated. Redactions will be made to comply with state and federal law. Shouldn't they be considering requests on an individual basis?

August 21, 2012
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

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

Is a Salary/Wage Review Really A “Trade Secret”?

[…] Their response was, "Said records are not subject to public disclosure as they constitute valuable trade secrets of the District which if disclosed to competitors could undermine the District's efforts to recruit and retain qualified employees (California Government Code Section 6267 and California Evidence Code Section 1060)." Is this in fact truly a trade secret?

July 2, 2010
Asked and Answered

CPRA

City finds many ways to deny CPRA requests for emails

[…] (specifically email) outside the 30-day window even though that email still exists on city servers and are not deleted. Is this permissible under the California Public Records Act? Also we believe but cannot prove that the city manager is playing a role in determining which email we can see or not see with the […]

May 31, 2013
Asked and Answered

First Amendment

Are Neighborhood Associations protected under the First Amendment?

My City’s Code creates a system of Neighborhood Associations and, above them, a tier of District Coalitions. The NAs and DCs are quasi- governmental bodies supported and funded by the City to assist with neighborhood-level governance and participation in city decision-making; however, they have non-profit status. One of the NA board members is facing litigation […]

April 22, 2016
Asked and Answered

CPRA

Can An Agency Provide Requested Records But Deem Them “Confidential”?

Is it legal for a government attorney to mark a PRA response as being "Confidential"? Confidential is followed by "Note: This media is intended to be viewed by certain individuals. It may contain information that is privileged or protected from disclosure by law. If you are not the intended recipient, any action in reliance […]

February 5, 2018
Asked and Answered

CPRA

No oversight when councilmembers compile emails in response to record requests

[…] Manager's office presumably has access to the Council member's electronics documents, through the City's servers. This process strikes me as a violation of the spirit of the Brown act, because it does nothing to prevent the Council member from destroying or failing to supply records, or to assist the public in discovering when this […]

November 8, 2013
Asked and Answered

CPRA School Records

CPRA and “Prompt” Production of Records

[…] v. Dep't of Gen. Servs, the court found an initial production within two weeks of a request was timely. 55 Cal. App. 4th 1340, 1349–51 (1997). However, Government Code section 6253(d) requires, "Nothing in this chapter shall be construed to permit an agency to delay or obstruct the inspection or copying of public records." […]

May 23, 2018
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