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Asked and Answered

Brown Act

Can a special meeting on 24 hours notice include a closed session?

[…] by the presiding officer or a majority of the members of the school district and if the requirements for providing notice of that meeting are met. The Brown Act contemplates that where appropriate, items may be discussed in closed session at such meetings. Section 54954.5 addresses how to describe items to be discussed in […]

June 14, 2009
Asked and Answered

Court Records CPRA Police Records

Can I be denied access to files on decades-old, closed murder case?

[…] with your Foundation and in your endeavors to educate the public about child safety. 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.

April 10, 2015
Asked and Answered

CPRA

Are school district’s attorney fees public records?

[…] "embodies a strong policy in favor of disclosure of public records." Bernardi v. County of Monterey (2008) 167 Cal.App.4th 1379, 1392–1393. Ultimately, the burden is on the government agency claiming an exemption to show that an exemption applies. Additionally any exemptions could likely be overcome by having confidential portions of the invoices blacked out or […]

April 15, 2015
Asked and Answered

CPRA

Enforcement of the Public Records Act

Who enforces the California Public Records Act? I have been seeking information from a regional services district, but they refuse to provide me with the information I am seeking which would provide evidence of their misrepresentation of facts and directly and repeatedly lying to me. They say that the information can be withheld from […]

June 14, 2009
Asked and Answered

Brown Act

Open meeting law and homeowners associations

With respect to the website, agenda notices need only be posted in some place "freely accessible to members of the public" under Government Code section 54954.2. There is no requirement that this location be the PML website. However, based on your description, it sounds like the agenda may not have provided adequate notice. The […]

June 14, 2009
Asked and Answered

CPRA

Online Sheriff’s Blotter

[…] removed about 18 months ago and replaced with this statement: "Due to security concerns, we have discontinued posting detailed inmate information on this website. Information required to be disclosed under Government Code section 6254(f)(1) of the California Public Records Act may be obtained by calling Inmate Records at (714) 647-4666." At the time I complained about this, since […]

June 14, 2009
Asked and Answered

CPRA Police Records School Records

College Campus Police Blotter

[…] under the CPRA, although the CPRA would apply to such records to the extent the police working on the campus are members of local police departments. However, Government Code section 6254(f) sets forth the so-called "law enforcement" exemption, which allows police agencies to withhold investigatory records. This exemption does not, on the other hand, […]

June 14, 2009
Asked and Answered

Brown Act

Closed sessions…

The city can likely justify its closed session under Government Code 54956.9, which allows legislative bodies 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 […]

June 14, 2009
Asked and Answered

CPRA Police Records

Accessing police documents

I would like to know if the following document is covered under the California Public Records Act. The chief of police for the my local police department maintains a form, which list in a chart format, on a monthly basis, the number of citations issued, arrests made, etc. for the department. This form is […]

June 14, 2009
Asked and Answered

CPRA

Is There A ‘Duty of Good Faith’ For Agencies Timely Response to CPRA Requests?

[…] dragging its feet, you might want to remind it of its statutory obligation to, among other things, respond to requests within the time limits set forth in Government Code§6253(c); refrain from "obstructing] the inspection or copying of public records" (Gov’t Code§6253(d)); and "assist the member of the public make a focused and effective request […]

December 5, 2018