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Asked and Answered

CPRA

List of applicants for a public entity’s general manager

No court has yet addressed the issue of what kind of information about government job applicants is public. You could make a request for the information you seek pursuant to the California Public Records Act, with the caveat that you may face objections such as the ones outlined below. The government agency might raise […]

June 14, 2009
Asked and Answered

CPRA

Labor Commission Records

[…] Labor. Before the hearing I requested in writing numerous times copies of the file. I was told after the 3rd letter to file a California Public Records Act 'claim'. I did that and have followed up 6 times over a 2 month time period. It is my understanding that records under the Labor Commission […]

June 14, 2009
Asked and Answered

CPRA Police Records

Jail Files of Prisoner Suicide

Under the California Public Records Act, Government Code section 6250 et seq., records maintained by public agencies are presumptively available for public inspection and copying unless one of the Act's exemptions applies. In this case, that exemption that likely applies is found in section 6254(f), which exempts "records of investigations" as well as "investigatory […]

June 14, 2009
Asked and Answered

CPRA

Email Correspondence Records

[…] from the servers after 90 days. Only records saved by the employee are kept in a privately maintained ".pst" file on the employees hard drive. How long must the city maintain email records, especially elected officials who discuss employee or departmental actions, concerns or opinions? I know the Mayor criticized my actions as an […]

June 14, 2009
Asked and Answered

Brown Act

District Hospitals and Closed Sessions

[…] hire a management company to manage the Hospital, the CEO and COO of the Hospital would almost certainly be considered public employees. Given the language of the Act that requires a person to be considered a public employee even if they are an independent contractor "acting like an employee," it may be that the […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Can I tape record a closed session? Is the recording a public record?

[…] should be aware that if you make such a recording, a member of the public may argue that it is a "public record" under the Public Records Act. Thus it may be subject to a request that it be disclosed and/or copied under the Public Records Act. You and/or the School District may be […]

June 14, 2009
Asked and Answered

CPRA Police Records

Accessing Police Evidence

[…] or documentary evidence concerning the arrest incident, unfortunately, there is only limited information that can be accessed through the California Public Records Act (PRA). Under the PRA, Government Code section 6250 et seq., records maintained by public agencies are presumptively available for public inspection and copying unless one of the Act's exemptions applies. In […]

June 14, 2009
Asked and Answered

CPRA

Accessing City Annuities and Investments

[…] process on the referendum. The City Clerk would not assist use on the process and we gave her our form and the notice; the City Clerk and acting city attorney would not comment on the form. We did post in a public place the court house and post office the notice of referendum and […]

June 14, 2009
Asked and Answered

CPRA

Attempting to access phone call recordings made from jail

[…] to pay your attorney’s fees should (or when) you prevail. Gov't Code § 6259. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.

January 13, 2016
Asked and Answered

CPRA

Private attorney costs to public agencies and attorney-client privilege

[…] information in the retainer, it appears to have been a violation of the Public Record Act to not disclose the amount of the retainer agreement. See Cal. Government Code section 54957.5(a) (records provided to a Board of Supervisors or other legislative body in preparation for a public meeting are public records that must be […]

June 14, 2009