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  • Asked and Answered

    CPRA Police Records

    Obtaining Copies of Police Reports Relating to a Minor

    […] Records Act ("CPRA").  Under the CPRA, records in the possession of public entities are presumed to be public unless one of the Act's 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 sheriff's office) to withhold, among other things, records […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Details of Preliminary Lawsuit Settlements

    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.   Settlement agreements entered into by public agencies have been recognized as public records by California Courts.  See […]

    June 14, 2009

  • Asked and Answered

    CPRA Police Records

    Destruction of Memos by the Police Department

    As it sounds like you're already aware, California Government Code section 34090 requires the retention of city records less than two years old.  After that time period (and unless the records are required to be kept by statute), the head of the police department may destroy city records only with the approval of the […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Countering a claim of non-existent records

    […] Its sole function is to provide for disclosure.").    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

    Brown Act CPRA

    Copies of Tapes for Public Record Requests

    Government Code section 54953.5(b) provides that any tape recordings of meetings subject to the Brown Act that are made at the direction of the local agency shall be made publicly available by the local agency pursuant to the Public Records Act, by providing interested members of the public with the tape and a […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Closed Sessions under the Brown Act

    […] the position at issue.  The agenda need not specify the description of the position with regard to a closed session held to discuss public employee discipline/dismissal/release.  See Government Code section 54954.5(d). Assuming the closed session was in violation of the Brown Act, a member of the public may seek to void an action taken […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Changing Regular Meetings to Special Meetings

    […] days from receipt of the demand, you must file the lawsuit within 15 days after the expiration of those 30 days.  Please see the provisions of California Government Code 54960.1 regarding the particulars of the timeline. Note, the procedures and time limitations set forth in Section 54960.1 do not apply to actions for injunctive […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Can settlements be negotiated in closed session if no pending litigation exists?

    […] of the Brown Act that permits closed sessions relating to litigation is not strictly limited to "pending litigation."  The provision to which you refer is an example.  Government Code section 54956.9 states, in part, as follows: "Nothing in this chapter shall be construed to prevent a legislative body of a local agency, based on […]

    June 14, 2009