To Exempt or Not to Exempt?
Time's Up!
Definitions, definitions, definitions!
Rights and Oversight
Can We DO that?
400

This is the CPRA exemption that protects documents not yet finalized.

What is the drafts exemption?

400

An District may erase or destroy a recording of a Brown Act meeting after this many days.

What is 30?

400

A county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or any board, commission or agency thereof, or other local public agency.

What is a quorum?

400

This will rule on CPRA disputes and may order the release of withheld records.

What is a superior court?

400

A Board member's nephew attends a closed meeting session while he is shadowing his uncle for the day. 

What is breach of confidentiality of closed session?

800

This exemption protects confidential communications between attorney and client, and among lawyers within a firm working on the District's matters.

What is the attorney client privilege exemption?

800

If an item is properly posted on agenda and continued to a meeting not more than this number of days later, the BOT may act on the item.

What is five?

800

The privilege for information acquired in confidence by a public employee in the course of their duties and not open or officially disclosed to the public.

What is the "official information privilege?"

800

The person within a public agency designated to handle public records requests.

What is a custodian of records or public records officer?

800

A committee that is less than a quorum and meets as needed to look at specific issues and make recommendations to the board.

What is an ad hoc committee?

1000

This exempts patron use records of any public library. 

Library patron use records and library circulation records exemption.

1000

A law enforcement agency may delay disclosure of a recording of a critical incident for up to this many days during an active investigation.

What is 45?

1000

A record of every official action taken by the BOT, including the vote of each member.

What is a minute book record?

1000
Members of the public at an open and public meeting have the right to record a meeting, so long as there is no disruption of the meeting.

What is the public's right to record a meeting?

1000

The District does not produce documents in response to a request for a staffing plan because it would have to create a new report from multiple sources.

What is not creating documents that don't otherwise exist?

1600

This exempts records pertaining to pending litigation to which the District is a party, or to claims made pursuant to the California Government Claims Act, until the litigation or claim has been finally adjudicated or settled.

What is the pending litigation exemption?

1600

The amount of notice that a media outlet (having requested notice of a special meeting) must receive of an emergency meeting.

What is one hour?

1600

This requires the District to consider a matter in open session unless a specific closed session exception applies.

What is the presumption of openness?

1600

The District's duty to interpret CPRA broadly in favor of public access.

What is the presumption of disclosure or transparency?

1600

A BOT enters into a CEO's employment agreement in closed session. 

What is improperly setting compensation in closed session?

2000

This exemption allows the District to withhold a record if it can demonstrate that, on the facts of the particular case, the public interest served by withholding the record clearly outweighs the public interest served by disclosure of the record.

what is the "catchall" exemption?

Bonus point:  The courts are skeptical of applying this exemption.

2000

This is the number of hours required to post a special meeting notice under the Brown Act.

What is 24?

2000

The opportunity for members of the public to address the legislative body on any item of interest to the public within the BOT's subject matter jurisdiction.

What is public comment?

2000

A public agency must allow this, if requested, even if it delays a meeting.

What is a reasonable time inspect or copy materials distributed at the meeting?

2000
A Notice to an employee that the BOT will be considering specific complaints and charges against that employee, and advising him/her/them of the right to have the BOT consider the charges in open session.

What is a 24 hour notice?