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Asked and Answered

Brown Act

Objecting to agenda item during meetings

[…] the legislative body fails to correct the action within the requisite time period, you must file the lawsuit within 15 days. Please see the provisions of California Government Code 54960.1 regarding the particulars of the timeline. Alternatively, you can file a suit for injunctive or declaratory relief for the purpose of stopping or preventing […]

June 14, 2009
Asked and Answered

Brown Act First Amendment

Non-English Speaking Participants at City Council Meetings

[…] this speech than if you simply try to speak for an extended amount of time. You should also be aware of the Dymally-Alatorre Bilingual Services Act ( Government Code section 7290 et seq.), which provides that "[i]t is the intention of the Legislature in enacting this chapter to provide for effective communication between all […]

June 14, 2009
Asked and Answered

CPRA

My child welfare records from 30 years ago

You may be able to obtain copies of government records concerning your childcare by making a request under the California Public Records Act ("PRA"). Under the PRA, records maintained by government agencies are presumptively open to the public, unless a specific exemption authorizes the agency to withhold them. We are not aware of a […]

June 14, 2009
Asked and Answered

Brown Act First Amendment

Limiting Public Comment to Issues Not Already Covered

June 14, 2009
Asked and Answered

CPRA

Length of time agencies must hold on the public records

[…] executive officers in Cal. Govt. Code Section 1000 includes "such other officers as fill offices created by or under the authority of charters or laws for the government of counties and cities or of the health, school, election, road, or revenue laws." As the California Attorney General explained in a 1981 opinion (64 Op. […]

June 14, 2009
Asked and Answered

CPRA Police Records

Law Enforcement Records, Interrogation Reports, and Public Access

[…] of your nephew's request for the tapes of his own interrogation, would seem to be a pretty clear cut case). With respect to the adult witnesses, under Government Code section 6254(f), the victim of the stabbing would definitely be entitled to that information notwithstanding the exemption for investigatory files (unless its disclosure would endanger […]

June 14, 2009
Asked and Answered

Bagley-Keene Act Brown Act

Juvenile Justice Commissions and the Brown Act

Are the meetings of Juvenile Justice Commissions, which are entities created by California W & I Code Set. 225, governed by the Brown Act?

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

Bagley-Keene Act

Is a task force a “state body” under the Bagley-Keene Act?

Under the Bagley-Keene Act, the meetings of "state bodies" are presumptively public. The term "state body" is defined by Government Code section 11121.1 to include both "a board, commission, committee, or similar multimember body that exercises any authority of a state body delegated to it by that state," and "an advisory board, advisory commission, […]

June 14, 2009
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