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Asked and Answered

Bagley-Keene Act Brown Act CPRA

Are state Task Force meetings covered under the Brown Act?

While it would be great if the government opened more of its meetings to the public, the Brown Act and the Bagley-Keene Act (which applies to state bodies) are fairly specific as to what types of meetings are required to be held in public. Unfortunately, a meeting that consists of staff-level representatives from various […]

July 11, 2017
Asked and Answered

CPRA

Public Universities, Listservs, and Destruction of Records

Destruction of public records is governed by Cal. Government Code Section 6200, which specifies that: "every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his or her hands for any purpose, is punishable […]

June 14, 2009
Asked and Answered

First Amendment Newsgathering

Press Credential renewal denied by CCAC

[…] Correspondents Association of California ("CCAC") denied your application for a press credential. Your inquiry raises several questions about the First Amendment and, specifically, the ability of the government to regulate free speech and the press. From what I understand, the CCAC purported to deny your application based on Article XI of its by-laws, which […]

April 13, 2016
Asked and Answered

CPRA

Who can request documents under the CPRA?

[…] formal request process. The answer is "no." The Act itself does not require that request be in any specific form. Indeed, the law simply sets out the government's duty to provide access to records. A requester need not formally invoke the Public Records act. That being said, many agencies do have forms that they […]

September 19, 2012
Asked and Answered

CPRA

Request for councilmembers salaries not granted

[…] to be made public. See International Federation of Processional Engineers v. Superior Court, 42 Cal. 4th 319, 331 ("[t]he 'broadly based and widely accepted community norm[]'applicable to government employee salary information is public disclosure"). Thus, it is likely that the information that you are seeking -- salaries and benefits of city council members -- […]

October 13, 2010
Asked and Answered

Brown Act First Amendment

Does the Brown Act Offer Recourse for Activists Barred from City Council Meeting?

[…] the meeting so as to suppress a particular viewpoint, then the restriction arguably would be "content-based" and thus would only be valid upon a showing by the government "that its regulation is necessary to serve a compelling state interest and that it is narrowly drawn to achieve that end." Perry Educ. Ass’n v. Perry […]

February 12, 2018
Asked and Answered

Brown Act

Decision Reached By County Supervisors Without A Public Meeting

[…] collective concurrence as to action to be taken on an item by the legislative body is prohibited, if used to "develop a collective concurrence as to action." Government Code section 54952.2(b). For example, a series of individual telephone calls between the attorney for a redevelopment agency and the members of the agency’s governing board […]

February 21, 2018
Asked and Answered

CPRA

Prohibiting a citizen from contacting a public agency

[…] person, that employee may direct you to the designated PRA contact person. However, nothing prevents you from contacting public officials. Furthermore, generally speaking, it is unconstitutional for government agencies to prohibit public employees and elected officials from speaking to the public or even from making public comments to the media. There are, however, certain […]

June 14, 2009
Asked and Answered

Brown Act

Planning a Closed Session to Allow Confidential Documents

[…] have reached an agreement to allow the board members to access documents in closed session so that it will be covered under the Brown Act. Can a government entity plan a session to fall under the Brown Act to keep information confidential on hiring documents when it's not for the purpose of actually hiring […]

June 14, 2009
Asked and Answered

CPRA

Obtaining the names of notaries public

[…] to County Clerk offices in the first place by a representative at the National Notary Association. Somehow, I feel I am being misled or altogether shunted by government employees who either don't want to or don't know how to help me. Isn't the information I am seeking public information, under the CA Public Records […]

June 14, 2009