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Asked and Answered

CPRA Police Records

Criminal Records and the CPRA

[…] California Public Records Act ("PRA"), records in the possession of public entities are presumed to be public unless one of the Act's enumerated exceptions to disclosure applies. Government Code section 6254(f) sets forth the so-called "law enforcement" exemption, which allows police agencies to withhold investigatory records, even if the investigation has been concluded. Notwithstanding […]

June 14, 2009
Asked and Answered

Brown Act

County Supervisors’ Invitation-Only Meeting

[…] Bodies, p. 12 (Cal. Atty General's Office 2003). The situation you describe certainly appears to violate the spirit of the Brown Act and of open and transparent government generally. Especially if the purpose of the closed meeting was to restrict one citizen from attending, such conduct should be monitored. To the extent the board […]

June 14, 2009
Asked and Answered

CPRA

Counsel for a school board

The California Public Records Act, Government Code section 6250 et seq., would allow you to request a copy of the opinion, but it also probably permits the City to refuse to disclose it. Government Code section 6254(k) permits (but does not compel) a public agency to withhold "records, the disclosure of which is exempted […]

June 14, 2009
Asked and Answered

Brown Act

Convening in closed sessions

[…] Office 2003). With respect to whether the board can hold a closed session to discuss the supervisor search and appointment, the answer to that question is yes. Government Code Section 54957 provides that boards may hold closed meetings to "consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or […]

June 14, 2009
Asked and Answered

CPRA

Complaints, and Public Record

[…] as a local agency. Records of a local agency are presumed public unless one of the Public Record Act's exemptions applies. These exemptions can be found at Government Code Sections 6254 and 6255. It is not immediately apparent that any such exception would apply in this case. For purposes of your attempt to gain […]

June 14, 2009
Asked and Answered

Brown Act

Community College Senates, the Brown Act, and Secret Ballots

June 14, 2009
Asked and Answered

Brown Act CPRA

Closed Sessions and Permissible Topics

Section 54956.9 of the California Government Code provides that the legislative body of a local agency, "based on advice of its legal counsel," may hold "a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of […]

June 14, 2009
Asked and Answered

Brown Act

Closed meeting votes and the Brown Act

[…] 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 may consider filing an action for injunctive or declaratory relief for the purpose of stopping or […]

June 14, 2009
Asked and Answered

CPRA

City’s stonewalling newspapers

[…] in their custody and obtain copies of those records, unless one of the CPRA's specific exemptions applies. The exemption that the city is claiming here allows a government agency to withhold records that constitute: Information required from any taxpayer in connection with the collection of local taxes that is received in confidence and […]

June 14, 2009
Asked and Answered

CPRA

Charging for Electronic Records

[…] a deposit of hundreds of dollars and my agreement to pay them whatever they determine the actual cost to be. When you consider that more and more government agencies, like businesses, are going paperless, this will become a major problem unless it's already been addressed in law. As I have had explained to me, […]

June 14, 2009