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Sunshine



CA Public Record Law Cheat Sheet


Standard Motion: I make a motion to find

Violation(s):

and require

Action(s): ** 1 Government Code 67.30 (c) the task force concludes that (person’s name) has violated provisions of the (Sunshine Ordinance, California Public Record Act and/or The Brown Act) and refers this complaint to the Ethic’s Commission (or other municipal office with enforcement power). ** 2 Government Code 67.21 (e) The task force orders the custodian of the public record to immediately comply with the person's request in 5 days, refusal or failure the Sunshine Task Force shall notify the district attorney or the attorney general.

Index


Record Request Violations

Calendars

No Respondent Representative Present

Knowledgeable

The Shalls (enforcement)

Maintenance of Records

Other Entity

Non –profit SF Gov SEC. 12L.3

Record Request Violations


67.21 (a) unreasonable delay

CPRA 6253 (b) records not made promptly available

67.21 (b) ** 1 failure to reply as soon as possible, within 10 days of request; ** 2 failure to justify withholding within 10 days

CPRA 6253 (c) ** 1 failure to respond within 10 days records in possession by agency; ** 2 determination of exemption; ** 3 to give notice specifying a date no more than 14 days; ** 4 failure to notice “unusual circumstances” (there are 4 of them)

67.21 (c) ** 1 failure to assist requester in identifying records; ** 2 failure to direct request to proper office or staff person

CPRA 6253.1 (a) failure to assist the requester to make a focus and effective request.

CPRA 6253 (a) improper deletion(s) of portions of records not exempt by law (note law uses the word “deletion” but same meaning as redaction)

67.26 withholding not kept to a minimum

67.27 (a) ** 1 failure to justify withholding under a specific permissive exemption; ** 2 (b) failure to cite authority outside the Sunshine Ordinance or CPRA ** 3 (c) failure to cite specific statutory or case law or other public agency’s litigation experience ** 4 (d) failure to inform nature and extent of the nonexempt information and suggest alternative sources for the information requested

CPRA 6253 (d) failure to set forth the names and titles or positions of each person responsible for the denial.

CPRA 6253 (f) failure to provide a copy of record(s) where the requester cannot access the record(s) online.

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Calendars

(some exemptions for BOS under 67.29-5 (e))

67.29-5 (a) **1 failure to make daily calendar entry public 3 business days from entry date containing time, place and means of the meeting or social events with people who do substantial business with or are otherwise substantially financially affected by actions of the City; ** 2 failure to include in calendar a general statement of issues discussed (The Mayor, City Attorney, Treasurer, Assessor-Recorder, District Attorney, Public Defender, Sheriff, every member of the Board of Supervisors, and every Department Head)

67.29-5 (b) failure of official to identify 10 or fewer individual(s) present, organization(s) represented at meeting or event on calendar. Exemptions: whistleblower; individual has sought been assured confidentiality; labor representatives at a meeting to discuss matters within the scope of representation CA Gov Sec 3504.

67.29-5 (c) failure three business days after a meeting or event include the names of the attendees and organizations identified by or known to the official. If official is aware that those attendees are campaign consultants registered with the Ethics Commission under Campaign and Governmental Conduct Code Article I, Chapter 5; lobbyists registered with the Ethics Commission under Campaign and Governmental Conduct Code Article II, Chapter 1; permit consultants registered with the Ethics Commission under Campaign and Governmental Conduct Code Article III, Chapter 4; Developers of Major Projects, as defined in Campaign and Governmental Conduct Code Section 3.510, if the Major Project is discussed at the meeting or event; and employees or representatives of any entity that has received a grant from or entered a contract with any City department within the previous 12 months.

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No Respondent Representative Present


67.21 (e) no authorized representative of the custodian of the public records attended the hearing.

Knowledgeable


67.21 (e) authorized representative of the custodian of the public records, unable to explain the basis for its decision to withhold the records requested.

67.22 (a) failure of department head to provide a person or persons knowledgeable about the affairs, operations or position of the department (records or other alleged violations)

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The Shalls (enforcement)


67.30 (c) the task force concludes that (person’s name) has violated provisions of the (Sunshine Ordinance, California Public Record Act and/or The Brown Act) and refers this complaint to the Ethic’s Commission (or other municipal office with enforcement power).

67.21 (e) ** 1 Upon the determination that the record is public, the Sunshine Task Force shall immediately order the custodian of the public record to comply with the person's request; ** 2 failure of Custodian of the public record to immediately comply or within 5 days with the task forces determination that a record(s) is public. (This is not based on an Order of Determination being issued, but as soon as the task force has determined that record(s) are public.) ** 3 An authorized representative of the custodian of the public records requested shall attend any hearing and explain the basis for its decision to withhold the records requested. ** 4 The Sunshine Task Force shall inform the petitioner, as soon as possible and within 2 days after its next meeting but in no case later than 45 days from when a petition in writing is received, of its determination whether the record requested, or any part of the record requested, is public; ** 5 The Board of Supervisors and the City Attorney's office shall provide sufficient staff and resources to allow the Sunshine Task Force to fulfill its duties under this provision.

67.29-7 (c) terminating the contract or for imposing a financial penalty equal to one- half of the fees derived under the agreement or permit during the period of time when the failure was in effect of an entity that did not ensure accurate records of each transaction of any outside entity that has a contract, agreement or permit that demand any funds or fees from citizens.

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Maintenance of Records


67.29-7 (a) failure of Mayor or Department to maintain and preserve in a professional and businesslike manner all documents and correspondences

67.29-7 (b) failure of Depart of Elections to maintain/preserve all records and invoices

67.29-7 (c) failure of the City to ensure accurate records of each transaction of any outside entity that has a contract, agreement or permit that demand any funds or fees from citizens. (Includes to tow or impound vehicles)

67.29-7 (c) Failure of any Department Head under this provision shall be a violation of this ordinance.

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Other Entity


67.29-6 failure to disclose as a public record and on the department’s website any money, or any goods or services worth more than one hundred dollars in aggregate, for the purpose of carrying out or assisting any City function that are provide or managed by an entity and accepted by an official or employee or agent; failure disclosure the names of all individuals or organizations contributing such money and a statement as to any financial interest the contributor has involving the City. 67.29-7 (c) failure of the City to make available accurate records of each transaction of any outside entity that has a contract, agreement or permit that demand any funds or fees from citizens (Includes to tow or impound vehicles)

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Non –profit SF Gov SEC. 12L.3

Definition (e) "Nonprofit organization" shall mean any corporation formed pursuant to California Corporations Code Sections 5000 et seq. for any public or charitable purpose, and/or any organization described within 26 USC Section 501(c), which receives a cumulative total per year of at least $250,000 in City-provided or City-administered funds.

SF Gov Sec 12L. 5 (a) (1) failure to provide recent budget as already provided to the City in connection with the nonprofit organization's application for, or in connection with the review and/or renewal of, the nonprofit organization's contract.

SF Gov Sec 12L. 5 (a) (2) failure to provide recently filed State and federal tax returns

SF Gov Sec 12L. 5 (a) (3) failure to provide financial audits and any performance evaluations performed by or for the City to a contract between the City and the nonprofit organization

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