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  • 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

  • Asked and Answered

    CPRA

    Email Correspondence Records

    […] records.  (In fact, the PRA implicitly acknowledges that agencies do not retain records indefinitely.  See Cal. Gov't Code section 6254(a)).   However, you should be aware of California Government Code section 34090, which governs the destruction of records by cities.  That section generally requires cities to retain records that are less than two years old, […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Drafts and Public Record

    A government agency may argue that draft reports [and the comments made on the report], such as the type you refer to, can be withheld pursuant to the Public Records Act's exemption for "preliminary drafts, notes, or interagency or intra-agency memoranda" (codified in Gov't Code § 6254(a)).  However, such exemption applies only to documents […]

    June 14, 2009

  • Asked and Answered

    CPRA

    DMV License Plate Records

    […] to your question about whether the DMV is required to tell you how they conducted their search for the records you requested, you should be aware of Government Code section 6253.1, which provides: 6253.1. (a) When a member of the public requests to inspect a public record or obtain a copy of a public […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Discussion of Employee Termination in Closed Session

    […] days from receipt of the demand, you must file the lawsuit within 15 days after the expiration of those 30 days. Please see the provisions of California Government Code 54960.1 regarding the particulars of the timeline. CFAC's website contains a link to the statute for your reference. If you are considering engaging legal counsel […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Denying public comment

    Government Code Section 54954.3(a), requires public bodies to allow public comments not only on agenda items but on any item of interest subject to the body's jurisdiction.  The only exception to the public testimony requirement is where a committee comprised solely of members of the legislative body has previously considered the item at […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Deliberative process and the public record

    […] whom they spoke, and about what, in making decisions. Times Mirror Co. v. Superior Court, 53 Cal. 3d 1325 (1991).  Where the privilege applies, it allows the government to withhold records that would otherwise be subject to disclosure under the Public Records Act. While the Times Mirror case dealt with records reflecting who met […]

    June 14, 2009