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Showing results for government bodies must comply brown act 54951 act90 54951 act 54951 act90 54951 54951 54951

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Brown Act

Proprietary information in the public record

The city council appointed a Taser task force. The City Attorney's office regularly reminded the task force that it was subject to the Brown Act. I recorded the public meetings on video, and uploaded to YouTube part of a presentation by a consultant for Taser Intl., given at one of the meetings. Now YouTube […]

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

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

Brown Act

Describing a closed session

Government Code section 54954.2(a) provides that at least 72 hours prior to a regular meeting, the body must post an agenda containing a brief general description of each item to be discussed or transacted at the meeting, including items to be discussed in closed session. A "brief general description," as the term indicates, […]

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
Asked and Answered

Brown Act

Attorneys present at closed meetings

Government Code 54956.9 allows legislative bodies (which includes hospital districts) to hold closed sessions to discuss pending litigation when discussion in open session would prejudice the public agency. The purpose of the pending litigation exemption is to protect confidential attorney-client communications and allow a legislative body to meet with its attorney to receive […]

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

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

Videotaped of open meeting and reproduction

The Brown Act, in Government Code section 54953.5, only requires that the board make the tape available for "inspection" in its offices without charge on a tape recorded provided by the board. It does not say anything about obtaining a copy of the tape. However, the section also says that the tape shall be […]

June 14, 2009