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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
Asked and Answered

CPRA

Strategic question regarding a large PRA request

[…] from the California Department of Health Care Services. At this point, our questions are strategic. For example: are we likely to make more progress with a reluctant government agency by a series of requests, none of which is, in itself, unduly burdensome? Or are we likely to make faster progress by asking for everything […]

September 6, 2016
Asked and Answered

CPRA

Legal Action Against a Board Member in Closed Session

Is it legal for the superintendent and board president to put under closed session anticipating legal action regarding a board member without notifying that board member of the reasons, etc.?

June 14, 2009
Asked and Answered

CPRA

Autopsies and CPRA

[…] if you do put it in writing, and the agency denies your request, they must provide you with written notification of the reasons for their denial ( Government Code section 6255). If you do not know the name of the record, or do not know for sure whether it exists, you can frame your […]

June 14, 2009
Asked and Answered

CPRA

Can Agencies Be Required to Choose Least Costly Format for Electronic Record Reproduction?

[…] responsive to a CPRA request? Is there case law on that question? Context: I am a frequent requestor of video records from agencies across all levels of government and across the country, under various open records laws. I recently got a Dropbox Business account which allows me to create as many "file request" links […]

November 27, 2018