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  • 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 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

  • Asked and Answered

    CPRA

    Can I insist on the original record?

    […] copies lose much information of interest to me (for example, taped on notary statements, white-out alterations, blood stains, etc. - - I've seen it). I believe since the county USES the original documents and RETAINS them for a time that they should be PUBLIC RECORDS while in government custody. Do I have any legal options?

    June 14, 2009

  • Asked and Answered

    Court Records

    Blocking Personal Information from Public View for Safety

    How do I block access to my personal and government records from public because I am a victim of domestic violence and stalking and kidnapping? Does it require a court order to block my ssn record and tax and any other record pertaining to my personal information.

    June 14, 2009

  • Asked and Answered

    CPRA

    Are Voter Information and Other Records Requests Public Records?

    […] person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State."  Govt. Code Section 2194(a)(3).  Section 2188 of the Government Code sets forth the requirements for applications to obtain voter information.  While you may not be able to obtain the particular information you are seeking, you […]

    June 14, 2009

  • Asked and Answered

    Brown Act FOIA

    Are the Board of Directors of our Apartment Complex subject to the Brown Act?

    The California Public Records Act ("PRA") provides that public records are presumptively open to the public, unless exempt from disclosure under the PRA.  Government Code section 6254(k) exempts from disclosure "[r]records the disclosure of which is exempted or prohibited pursuant to federal or state law."  Section 49076 of the California Education Code specifically prohibits […]

    June 14, 2009