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Showing results for government bodies must comply brown act 54951 act90 54951 act 54951 act90 54951 54951 54951

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
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