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Asked and Answered

CPRA

Is a school caretakers’s security camera subject to CPRA?

[…] are two methods by which you, as a member of the public, can request and access records. First, you can request to inspect records in person by invoking Government Code § 6253(a), which provides, " records are open to inspection at all times during the office hours of the state or local agency and every person […]

September 10, 2016
Asked and Answered

CPRA

Who can request documents under the CPRA?

Does the California Public Records Act require residency in California to access documents or are they available to visitors from out of state? Does the CPRA provide a request process? If so, is it mandatory?

September 19, 2012
Asked and Answered

CPRA

Public Availability and Destruction of Temporary or Handwritten Notes

I'm sorry you are having difficulty with your Public Records Act ("PRA") request. One provision of the PRA of which you should be aware is Government Code section 6253.1, which provides: 6253.1. (a) When a member of the public requests to inspect a public record or obtain a copy of a public record, the […]

June 14, 2009
Asked and Answered

CPRA

Political Reform Act case records

I asked our District Attorney for information allowed by Gov Code 6254 (f)(2) on Political Reform Act cases. She gave only closed cases, saying giving me anything on open cases would endanger the investigation. Do you agree?

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 Police Records

Obtaining Copies of Police Reports Relating to a Minor

[…] Records Act ("CPRA"). Under the CPRA, records in the possession of public entities are presumed to be public unless one of the Act's exceptions to disclosure applies. Government Code section 6254(f) sets forth the so-called "law enforcement" exemption, which allows law enforcement agencies (such as a sheriff's office) to withhold, among other things, records […]

June 14, 2009
Asked and Answered

CPRA

Must I pay for copying in advance?

[…] story of a state agency requiring hundreds of dollars as an up front deposit, before the agency looks for the documents or knows the scope of what must be copied. This money is then applied to whatever the photocopying balance is, and then any extra is presumably refunded. This sort of policy disproportionately impacts […]

June 14, 2009
Asked and Answered

CPRA

How Long Do Agencies Have to Keep Records?

[…] is to provide for disclosure."). Instead, an agency's obligation to retain records are addressed by a variety of record retention laws. For example, Section 34090 of the Government Code provides for the lawful destruction of city records in certain circumstances: Unless otherwise provided by law, with the approval of the legislative body by resolution […]

June 14, 2009
Asked and Answered

CPRA

Countering a claim of non-existent records

[…] Its sole function is to provide for disclosure."). Unfortunately, it is not always clear what destruction of records is permissible under California law. Section 34090 of the Government Code provides for the lawful destruction of city records in certain circumstances: Unless otherwise provided by law, with the approval of the legislative body by resolution […]

June 14, 2009