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Asked and Answered

CPRA

Request for documents on Tax Lien Sale denied. Why?

In making your request for records, Government Code § 6253(b) indicates that you must "reasonably describe an identifiable record or records." The California Public Records Act does not require that the request be made in writing; however, I agree with your intention to do so. For one, a written request creates a record of […]

October 6, 2011
Asked and Answered

CPRA

Are emails sent to elected officials private or public?

Are emails sent by residents to the council or other government entities (GE) concerning a hot button issue considered public records?Or are they somehow protected by the "right to privacy" and beyond public scrutiny? In this case, the GE itself asked residents to send the emails and is making policy decisions based on the […]

September 17, 2010
Asked and Answered

Brown Act

School Boards, Closed Sessions, and Student Files

[…] advance notice of its intent to discuss any part of the matter in closed session. As long as the item was adequately described on the agenda, the Brown Act requires the school district to disclose, in the open meeting, "the item or items to be discussed in the closed session." Cal. Gov. Code Sec. […]

June 14, 2009
Asked and Answered

CPRA

Public/Private Interest Tests, Publics Records, And the Department of Housing and Community Development

As you may know, under California's Public Records Act, the public has a presumptive right to inspect and copy government records unless a specific exemption allows the government to withhold a particular record. The Act does contain a "catch-all" provision, however, providing that an "agency shall justify withholding any record by demonstrating that . […]

June 14, 2009
Asked and Answered

Brown Act

Is a contracted City Attorney a city employee?

[…] employee or to hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session." Gov't Code § 54757(b)(1). Government Code section 54957(b)(4) provides, in part, as follows: "For the purposes of this subdivision, the term "employee" shall include an officer or an independent contractor who […]

June 14, 2009
Asked and Answered

CPRA

Former State Employees and the CPRA

[…] give me in this matter is greatly appreciated. Also a second matter, a former employee of the agency submitted a request via the California freedom of information act for three separate reports done for the agency. After stalling and requesting an extension the Executive Director refused the request and said that they would supply […]

June 14, 2009
Asked and Answered

CPRA Police Records

Destruction of Memos by the Police Department

As it sounds like you're already aware, California Government Code section 34090 requires the retention of city records less than two years old. After that time period (and unless the records are required to be kept by statute), the head of the police department may destroy city records only with the approval of the […]

June 14, 2009
Asked and Answered

Brown Act

City Council names building without notice

[…] for naming of public buildings. The mayor appointed a committee to address the policy/procedure. However, he refused to do anything about the previous meeting's action. Since the issue of naming a public building was not on the council agenda - and there was no allowance for public comment - is this a Brown Act violation?

June 14, 2009
Asked and Answered

CPRA

Accessing Records of Parolees’ Addresses

[…] concerned that a disproportionate number of parolees are being released to live there by the California Department of Corrections and Rehabilitation. I requested through the Public Records Act information on all parolees the department has listed as living in the nine cities, the offense for which they went to prison, name, address, etc. CDCR […]

June 14, 2009
Asked and Answered

CPRA

University fails to make good faith effort to respond to records request

[…] However, it has been three to four months with no result. I caught the office lying to me last month. It promised production of documents but then I checked with the actual office producing the documents and no one there heard of my requests. What are my rights to compel a response on from UC?

February 3, 2011