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  • 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

  • Asked and Answered

    CPRA

    Former State Employees and the CPRA

    […] inquiry, regarding access to a public building, unfortunately, your inquiry appears to fall beyond the scope of CFAC's expertise, which is primarily focused on First Amendment, open government and access issues. I have included a link the California Bar Association's website, so you may be able to find an attorney with expertise in these types […]

    June 14, 2009