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California Public Records Act

A&A: Are public records requests public records?

FAC September 9, 2014

Q: Are public records requests that are submitted in writing themselves public records and subject to disclosure upon request? A: Under the Public Records Act, public records — which include “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics,” Gov’t Code § 6252(e) — are presumed to be open to the public and must be

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A&A: School Superintendent Goals: Public or Private?

FAC August 14, 2014

Q: School Superintendent Goals: Public or Private? Under the Brown Act, does a school board have the obligation to disclose the goals they set for the district superintendent of schools? Similarly, do they have the obligation to disclose the evaluation criteria for the superintendent of schools? The evaluation criteria for teachers is in the public record, so why not the same for the superintendent? A: The Brown Act governs public access to meetings and provides

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A&A: Is gender of foster care staff public information?

FAC August 13, 2014

Q: We are investigating sexual abuse in a foster care shelter. We requested the gender for two staff members because they have ambiguous names. The county asserted that Section 6254(c), the personnel records exceptions applies. Staffing decisions at the facility are made based on gender (male staff members are not supposed to oversee female resident’s baths), which makes their gender material to their employment. The county attorney has been unwilling in the past to address our responses

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California Legislature’s feel-good resolution on openness

FAC March 23, 2014

The state Senate voted unanimously last week to honor “Sunshine Week” by declaring its “long tradition in support of open government and access to government records,” but in an editorial the San Francisco Chronicle observes that words aren’t always accompanied by action. The paper cites two current examples in which the Legislature turned its back on transparency. Democrats and Republicans were both culpable. Full story

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Critics say access bill could have opposite result

FAC July 1, 2012

A bill purporting to give the public more access to gas and electric company safety records in California could do just the opposite, opponents say. The legislation, proposed by Assemblyman Roger Dickinson, D-Sacramento, would eliminate the ability of utility companies to unilaterally declare documents secret, instead giving authority over decisions to the state Public Utilities Commission. But opponents say it also would create broad categories of information that’s off limits to the public. The bill

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