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  • Asked and Answered

    CPRA

    California Driver’s License Numbers and the CPRA

    […] on whether driver's license information for licensed businesses must be made available or redacted from public records.  Striking a balance between individual privacy and public access to government records is rarely easy, and questions like yours are the subject of frequent debate.  A 1986 Attorney General opinion concluded that CHP motor carrier records related […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Councilmember penalties for Brown Act violations

    A member of a City Council can be guilty of a misdemeanor under certain circumstances. Specifically, under California Government Code section 54959, each member of a legislative body who attends a meeting of that legislative body where action is taken in violation of the Brown Act, and "where the member intends to deprive the […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Bring your own copier?

    I have a question regarding the CA Public Records Act. We have put in a records request to a county government agency and are planning to visit the agency on Thursday to photocopy some documents. However, the agency is insisting that we not bring our own photocopier (which we normally do on such requests […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Awarding Attorney’s Fees in CPRA Cases

    You are correct that an award of attorneys fees is mandatory to a plaintiff who prevails in Public Records Act ("PRA") litigation.  Since you say you have one more shot with the trial court before going to the Court of Appeal on the fee issue, you may want to advise the court of the following […]

    June 14, 2009

  • Asked and Answered

    CPRA Newsgathering

    Autopsy records of a public official

    […] medical examiner is refusing to release the clinical tests which were done to determine whether they had VIRAL hepatitis (i.e. hepatitis A or B). They are citing Government Code 6254 which exempts from disclosure "Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy." The medical examiner […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Attorneys present at closed meetings

    Government Code 54956.9 allows legislative bodies (which includes hospital districts) to hold closed sessions to discuss pending litigation when discussion in open session would prejudice the public agency.  The purpose of the pending litigation exemption is to protect confidential attorney-client communications and allow a legislative body to meet with its attorney to receive […]

    June 14, 2009

  • Asked and Answered

    CPRA School Records

    Are School Yearbooks Public Records?

    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