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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

    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 Police Records

    Is law enforcement body camera footage a public record?

    […] which means, presumptively, body camera footage would be subject to disclosure unless some other exemption applies. In California, however, police investigatory records are exempt from disclosure under Government Code § 6254(f).  Thus, to the extent that the requested footage has become part of a police investigation, then it likely would be exempt from disclosure under the […]

    January 19, 2015

  • 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 Newsgathering

    Inadequate notification of Special District meetings

    […] so that they may decide whether they wish to attend. In addition, the California attorney general's office has concluded that under the 72 hour notice requirement, agencies must post their notices in locations which are accessible 24 hours a day for the 72 hours prior to the meeting.  Thus, an agency may not post […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Can I use information revealed in closed session, or is it privileged?

    […] classes. In response, I filed two whistle-blower complaints against the Community College District and several of its employees. Immediately, the District unlawfully retaliated by threatening me with disciplinary action, saying that two employees had filed negative workplace complaints arising from my series of emails listing my complaint. The District repeatedly refused to say who complained […]

    September 1, 2016

  • Asked and Answered

    CPRA Police Records

    Are police informant contracts subject to the PRA?

    […] description, since it’s not something that is pertinent to the investigation itself. The police department might also claim some other exemption – for example, the "catch-all" exemption, Government Code § 6255, which is a broad, yet undefined, exemption that provides that a record may be withheld if, on the facts of the particular case, […]

    April 27, 2016

  • Asked and Answered

    Newsgathering

    Can police videotape me in my home without consent?

    […] (a) (full text below). The term "person" in the statute is defined to include "an individual acting or purporting to act for or on behalf of any government or subdivision thereof," which would seem to include law enforcement personnel. Penal Code § 632 (b). Note, however, that there are a number of carve-outs related […]

    December 2, 2011

  • Asked and Answered

    Newsgathering

    Can police use hidden cameras to videotape the public without consent?

    […] (full text below in italics).The term "person" in the statute is defined to include "an individual acting or purporting to act for or on behalf of any government or subdivision thereof," which would seem to include law enforcement personnel.Penal Code § 632 (b). Note, however, that there are a number of carve-outs related to […]

    October 26, 2011

  • Asked and Answered

    CPRA

    What is the CPRA rule regarding retention of emails?

    As far as the CPRA is concerned, I filed for any emails concerning media policy and the district told me that emails are only archived for four years. Is that legal? Is there a statute of limitations on how far back public agencies must keep emails on file?

    April 1, 2015