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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

Brown Act

Recording Meetings without Informing/Consent

[…] initial question would be whether the Board of Directors of a homeowners' association is covered by the Brown Act. I doubt that it is. If it is, Government Code § 54953.4 would allow you to tape the meeting without permission unless the Board finds that the taping cannot continue without creating so much noise […]

June 14, 2009
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, "[p] 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

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