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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
Asked and Answered

Brown Act CPRA

Applicability of the Public Records Act to Private Text Messages

[…] courts have thus made clear that this definition is meant to be very broad, so forms of communication such as text messages created, maintained, or retained by government agencies would generally be public records. Public Records are open to the public unless a specific provision of the PRA or other law exempts them from […]

June 14, 2009
Asked and Answered

Brown Act

Agendas and sufficiency of “brief general descriptions”

Government Code section 54954.2(a) of the Brown Act provides that at least 72 hours prior to a regular meeting, the body must post an agenda containing a brief general description of each item to be discussed or transacted at the meeting, including items to be discussed in closed session. A "brief general description," […]

June 14, 2009
Asked and Answered

Brown Act

Agenda Item Descriptions

The California Attorney General has concluded that, under Government Code § 54954.2, the agenda must include a sufficient description "to inform interested members of the public about the subject matter under consideration so that they can determine whether to monitor or participate in the meeting of the body." The Brown Act: Open meetings for […]

June 14, 2009
Asked and Answered

Brown Act

Advisory committees and the Brown Act

The question you appear to be asking is whether the advisory committee was subject to the Brown Act ( Government Code § 54950 et seq.). The Brown Act does not impose requirements on local agencies regarding how such committees may be constituted, i.e. who must or can be on an advisory committee. The Brown […]

June 14, 2009
Asked and Answered

CPRA Police Records

Accessing Police Reports on Investigations

[…] Act ("CPRA"). Under the CPRA, 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 law enforcement agencies (such as a city police department) to withhold, among other things, […]

June 14, 2009
Asked and Answered

CPRA Police Records

Accessing Police Reports

Under the Public Records Act, the public has a presumptive right of access to records maintained by government agencies, and may inspect or copy those records unless one of the Act's exemptions applies. One of those exemptions, found at Government Code section 6254(f), relates to police reports. In a case called Williams v. Superior […]

June 14, 2009