Search Results

Showing 471 - 480 of 1786 results

Asked and Answered

Brown Act

Destruction of Public Records

[…] be immediately destroyed concurrent with the vote to stop recording future sessions. Aside from the obvious Brown Act violation in that it wasn't agendized, do you know the rules on retention and destruction of government records and, specifically, the limits on destroying tapes of closed sessions (These are the only existing records of these sessions).

June 14, 2009
Asked and Answered

Court Records CPRA Newsgathering

Destruction of Council Office Files

[…] "purging" of documents by an outgoing city councilmember. Unfortunately, it is not always clear what destruction of records is permissible under California law. Section 34090 of the Government Code provides for the lawful destruction of city records in certain circumstances: Unless otherwise provided by law, with the approval of the legislative body by resolution […]

June 14, 2009
Asked and Answered

CPRA

Accessing Records of Parolees’ Addresses

Under the Public Records Act ("PRA"), records in the possession of state and local government entities are presumed to be public unless one of the PRA's enumerated exemptions to disclosure applies. See Cal Govt Code Section 6252. A state or local agency may not withhold records just because it is their "policy" to do so. […]

June 14, 2009
Asked and Answered

Bagley-Keene Act Brown Act

Can Elected Officials Be Seated in the Audience During Meetings?

California has a number of laws addressing government meetings, including the Brown Act (which covers the legislative bodies of local agencies), the Bagley-Keene Act (which covers state executive agencies), and the Grunsky-Burton Open Meeting Act, which covers the State Legislature. If the elected official is a member of the legislative body of a local […]

February 12, 2018
Asked and Answered

Brown Act

Meeting minutes reveal personal ID information

[…] silent on whether a public agency may require speakers to state their name before or during public comment.See Gov't Code § 54954.3 (public testimony at regular meetings). Government Code section 54953.3 states that a member of the public cannot be required to register his or her name as a condition of attendance at a […]

August 6, 2011
Asked and Answered

CPRA

Are blueprints of public buildings public under the CPRA?

[…] Safety Code § 19851 and 17 U.S.C.A. §§ 101 et. seq. for more information. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.

May 20, 2015
Asked and Answered

Brown Act

Private Homeowners Associations

Under Government Code section 54952(c), the governing body of a homeowners association would be subject to the Brown Act under either of two circumstances: 1. The association is created by an elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body; - OR - 2. The […]

June 14, 2009
Asked and Answered

CPRA

Obtaining Procedures Manual

Government Code section 6254(f) of the Public Records Act contains an exemption for, among other things, the "security procedures" of any law enforcement agency, which would include the California Highway Patrol. It is not clear if the manual you want would be covered by this exemption. In one case, the California Court of […]

June 14, 2009
Asked and Answered

Brown Act

Filing a Vacancy by Closed Session Appointment

[…] enough information regarding the general nature of the item for consideration. With respect to your second question, California's Public Records Act (PRA) governs the public's access to government records. The Brown Act incorporates the mandates of the PRA through Government Code section 54957.5. The PRA guarantees the public's right to inspect and obtain copies […]

June 14, 2009
Asked and Answered

CPRA

Can An Agency Extend Response to a CPRA Request Up to Eight Weeks Due to Covid?

[…] seeks disclosable public records, the agency shall state the estimated date and time when the records will be made available.") In response to the COVID-19 pandemic, some government agencies in California have stopped processing requests made under the CPRA. The First Amendment Coalition takes the position that there is no legal basis for that […]

April 21, 2022