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Asked and Answered

Brown Act

Closed Session Voting

In a closed session discussion, a vote was taken regarding the non-reelect of employees. After the vote two people were asked why they voted the way they did (they had not discussed their reasons against the action prior to the vote). Is the reason they gave for the way they voted confidential information?

June 14, 2009
Asked and Answered

Brown Act

Board Voting While Board Member Out of the Room

[…] the board member who had left the room. This occurred on about 4 items. When the board member returned she noticed the votes but said nothing. Is this not a violation of the Brown Act? If so, would you please direct me to the proper place in the act so I may read about it?

June 14, 2009
Asked and Answered

CPRA Police Records

Accessing Police Reports on Investigations

[…] Act ("CPRA"). Under the CPRA, records in the possession of public entities are presumed to be public unless one of the Act's enumerated 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 city police department) to withhold, among other things, […]

June 14, 2009
Asked and Answered

CPRA Police Records

Accessing Police Reports

[…] and turned in a subpoena and turns out it was the wrong one. The office told me to either send a letter to invoke the Public Records Act or have a Subpoena Duces Tucem but I would also need to have a Notice to Consumer. Finally my question, would I get the information I […]

June 14, 2009
Asked and Answered

Brown Act

Meeting minutes reveal personal ID information

[…] silent on whether a public agency may require speakers to state their name before or during public comment.See Gov't Code § 54954.3 (public testimony at regular meetings). Government Code section 54953.3 states that a member of the public cannot be required to register his or her name as a condition of attendance at a […]

August 6, 2011
Asked and Answered

CPRA

911 transcripts

[…] paper and electronic documents collected, owned, or maintained by a state or local agency is a public record for the purposes of the California Public Records Act, Government Code section 6250 et seq., and is available for public inspection and copying unless one of the Act's exemptions applies. If you have not already made […]

June 14, 2009
Asked and Answered

Brown Act

Police won’t provide me access to my interrogation reports

[…] for enforcement, can be found at the First Amendment Coalition’s website here. Bryan Cave Leighton Paisner LLP is general counsel for the First Amendment Coalition and responds to FAC 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.

June 18, 2015
Asked and Answered

CPRA

Enforcement of the Public Records Act

Who enforces the California Public Records Act? I have been seeking information from a regional services district, but they refuse to provide me with the information I am seeking which would provide evidence of their misrepresentation of facts and directly and repeatedly lying to me. They say that the information can be withheld from […]

June 14, 2009
Asked and Answered

CPRA

Boating Accidents and the CPRA

Under the California Public Records Act, Government Code section 6250 et seq., records maintained by public agencies are presumptively available for public inspection and copying unless one of the Act's exemptions applies. In this case, the Sheriff's department is probably relying on section 6254(f), which exempts "records of investigations" as well as "investigatory files." […]

June 14, 2009
Asked and Answered

Brown Act

Notices of City’s Closed Session Real Estate Negotiations Provide Only Generic Information

[…] for enforcement, can be found at the First Amendment Coalition’s website here. Bryan Cave Leighton Paisner LLP is general counsel for the First Amendment Coalition and responds to FAC 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.

April 21, 2022