My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
2010 Public Disclosure of Assessment Ballots Opinion
Clerk
>
Minutes
>
Legal Opinions
>
1972-2010 Opinions
>
2010 Public Disclosure of Assessment Ballots Opinion
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
8/22/2013 4:25:59 PM
Creation date
12/28/2010 2:43:03 PM
Metadata
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
2
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
<br /> <br /> <br /> <br />CITY OF SANTA ANA <br />OFFICE OF THE CITY ATTORNEY <br /> <br />OPINION <br /> <br /> <br />To: Cindy Nelson, Deputy City Manager for Development Services <br /> Maria Huizar, Clerk of the Council <br /> <br />From: Joseph W. Fletcher, City Attorney <br /> <br />Date: December 28, 2010 <br /> <br />Re: Disclosure of Assessment Ballots under the Public Records Act <br /> <br />______________________________________________________________________________ <br /> <br />Brief Question: Are ballots submitted in a protest election for creation of a property- <br />based assessment district governed by provisions of the Proposition 281 Omnibus <br />Implementation Act (Gov't Code Sections 53750, et seq.) (Omnibus Act) subject to <br />disclosure under the California Public Records Act (Gov't Code Section 6250 et seq.) <br />(PRA)? <br /> <br />Brief Answer: Yes. Gov't Code Section 53753(e)(2) provides that the ballots, once <br />opened, shall "be shall be treated as disclosable public records, as defined in Section <br />6252, and equally available for inspection by the proponents and the opponents of the <br />proposed assessment." This express provision overrides the general law of privacy of <br />elections and ballots. <br /> <br />Discussion: A request for review and copying of the ballots submitted for the Downtown <br />Community Management District assessment election has been received. You have asked <br />for an opinion from this Office whether the ballot are disclosable under the California <br />Public Records Act. <br /> <br /> <br /> <br />
The URL can be used to link to this page
Your browser does not support the video tag.