California

Overview

California

Neither Act specifically provides any mechanism to request a ruling from California's Attorney General regarding a challenged action. However, certain government officials may request the Attorney General's opinion to interpret any statute, including a provision of the Bagley-Keene or Brown Act. For a list of authorized requesters, see http://ag.ca.gov/opinions/faq.htm#q1.

Yes. Government Code Section 6253 (a) provides in part as follows: "Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law." Cal. Gov't Code § 6253(a); Commission on Peace Officer Standards and Training v. Superior Court, 42 Cal.4th 278, 301, 64 Cal. Rptr. 3d 661, 165 P.3d 462 (2007); see also Northern Cal. Police Practices Project v. Craig, 90 Cal. App. 3d 116, 124, 153 Cal. Rptr. 173 (1979).

Overview

California

(This section is blank. See the subpoints below.)

A declaration from the reporter may be sufficient in some circumstances, because declarations are admissible in support of most motions in California courts. As the California Supreme Court explained, "hearing and determination 'in the manner … provided by law for the … hearing of motions' (§ 1290.2) would ordinarily mean the facts are to be proven by affidavit or declaration and documentary evidence, with oral testimony taken only in the court's discretion." Rosenthal v. Great Western Financial Securities Corp., 14 Cal. 4th 394, 413-14 (1996); see also People v.

A delay beyond the 10- to 24-day period allowed under Section 6254(c) is arguably a violation of the CPRA giving a requester standing to sue the agency. A lawsuit is a costly method to obtain a response, however. Practically speaking, filing a writ petition or an action for declaratory or injunctive relief may be premature if the agency has not definitively denied the request.

The action should be filed in the Superior Court of the county in which the violation of the Act occurred.

There are no reported cases under the CPRA addressing this issue but, arguably, if it pertains to the public’s business and it was prepared or used by a public employee to assist in carrying out his or her public duties, it is a public record.  See D4, above.