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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
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