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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
Asked and Answered

CPRA Police Records

Accessing Police Evidence

[…] or documentary evidence concerning the arrest incident, unfortunately, there is only limited information that can be accessed through the California Public Records Act (PRA). Under the PRA, Government Code section 6250 et seq., records maintained by public agencies are presumptively available for public inspection and copying unless one of the Act's exemptions applies. In […]

June 14, 2009
Asked and Answered

CPRA

Accessing City Annuities and Investments

[…] City's investments that are in the possession of the City are public records unless one the PRA's exemptions applies. The exemptions to the Act are found at Government Code sections 6254 and 6255. The following link is an article explaining a settlement that CFAC reached with in 2004 with the California Public Employees' Retirement […]

June 14, 2009
Asked and Answered

CPRA School Records

Accessing a public employee’s resume

Under the PRA, government agencies need not disclose "[p]ersonnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy." Govt. Code Section 6254(c). With respect to government employee's resumes, in 1982 the Court of Appeal upheld an order that an agency disclose "such portions of [a particular employee's] […]

June 14, 2009
Asked and Answered

CPRA Police Records

Access to Police Officer personnel files

[…] access to a police officers personnel file. However, as to at least two of the three categories of records you want, you have an alternative argument. In Government Code section 6254.8, the California Public Records Act provides an absolute right of access to every employment contract between a government agency and a public official, […]

June 14, 2009