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Asked and Answered

First Amendment

Posting in City Sponsored Spaces

[…] is any requirement that these tax supported facilities be available to all? Our city regulates the contents of posting but the only requirement written down is "it must be of general community interest". Who decides is not specified and what are the criteria is not specified. In essence this excludes any opinion critical of […]

June 14, 2009
Asked and Answered

CPRA

Political Reform Act case records

I asked our District Attorney for information allowed by Gov Code 6254 (f)(2) on Political Reform Act cases. She gave only closed cases, saying giving me anything on open cases would endanger the investigation. Do you agree?

June 14, 2009
Asked and Answered

CPRA Police Records

Police Blotter Information

[…] and their City Attorney denied my request to have the Department print a more detailed report. In summary, the City Attorney responded: "As to your concerns regarding Government Code 6254(f)(2) which you believe requires certain information in a "police blotter", we must disagree with your reading of the law. Although the information listed in […]

June 14, 2009
Asked and Answered

CPRA

Must I pay for copying in advance?

[…] story of a state agency requiring hundreds of dollars as an up front deposit, before the agency looks for the documents or knows the scope of what must be copied. This money is then applied to whatever the photocopying balance is, and then any extra is presumably refunded. This sort of policy disproportionately impacts […]

June 14, 2009
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