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Brown Act CPRA

Emails and the Public Record and Brown Act

Public Records Act A public record is defined by Section 6252(e) of the California Government Code to include "any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics." This is a broad definition, so if […]

June 14, 2009
Asked and Answered

First Amendment Police Records

DUI Incidences and Media Reporting

[…] In a case called Nicholson v. McClatchy, the California Court of Appeal also held that a newspaper could not be sued for republishing the contents of a government record that was supposed to be kept confidential (the evaluation of a potential judge) because the media have a right under the First Amendment to ask […]

June 14, 2009
Asked and Answered

Brown Act CPRA

City-Funded Committees with Non-Public Official Member

[…] provide as part of meeting agendas, and information required to be provided as part of the public report of action taken in closed session, as provided by Government Code section 54957.1. However, this wouldn't cover your current inquiry for a list of names of members of the open space committee. If you have not […]

June 14, 2009
Asked and Answered

Brown Act

Appointing board members and the Brown Act

June 14, 2009
Asked and Answered

Brown Act

Access to agenda attachments

Does a government body subject to the Brown Act also have to provide access to the attachments to agenda items 48 hours before the meeting? If so, do they have to also provide copies of the attachments upon request if the person pays the copying fee? I am referring to attachments that make up […]

June 14, 2009
Asked and Answered

CPRA

Acceptable fees for public records

Under the Public Records Act ("PRA"), the district may only charge a fee "covering direct costs of duplication" (or a statutory fee). Government Code § 6253(b). But the courts have held that the "direct cost" generally does not include search and retrieval time. North County Parents Organization v. Department of Education, 23 Cal. App. […]

June 14, 2009
Asked and Answered

CPRA

911 transcripts

[…] paper and electronic documents collected, owned, or maintained by a state or local agency is a public record for the purposes of the California Public Records Act, Government Code section 6250 et seq., and is available for public inspection and copying unless one of the Act's exemptions applies. If you have not already made […]

June 14, 2009
Asked and Answered

Brown Act

Can the City Council ban non-disruptive clapping by audience members?

[…] Act. See White v. City of Norwalk, 900 F.2d 1421, 1425 (9th Cir. 1990). Courts recognize that in situations such as the one you describe, i.e., a government meeting, "[c]citizens have an enormous first amendment interest in directing speech about public issues to those who govern their city. It is doubtless partly for this […]

April 14, 2015
Asked and Answered

Brown Act

Is it a casual dinner or Brown Act violation?

[…] exactly what transpired, the episode you describe could be a violation the Brown Act. The Brown Act "serves to facilitate public participation in all phases of local government decision-making and to curb misuse of the democratic process by secret legislation of public bodies." Epstein v. Hollywood Entertainment Dist. II Business Improvement Dist., 87 Cal.App.4th […]

November 17, 2009
Asked and Answered

Newsgathering

Rules for Redactions in Florida Public Records

[…] records. Here is a link: You might want to first review this statute to see what it says about exemptions and redactions (see Section 119.07(d), which authorizes government personnel to redact information if the information falls within one of the statute’s recognized exemptions, which begin at section 119.071), as well as enforcement of the […]

June 19, 2018