Search Results for: 6253(b) copy

A&A: What does the CPRA say about an agency charging a $48 “clerical fee”?

Q:  I’m interested in getting some feedback from someone a little more experienced at filing public records act requests. I’m a little suspicious of the Department of Fair Employment and Housing charging a $48 “clerical fee”although their invoice does not list the amount of pages or mailing fee, implying the search has not yet been done. The request I made was for copies of complaints made against several businesses. Your thoughts? A: From your inquiry I understand that you

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A&A: Does city’s “fee schedule” for public records violate CPRA?

Q: A media partner of ours reported that a municipality has adopted a “schedule of charges” for public records requests. The board voted that there will be a $25 administrative fee per request. The number of pages requested will generate additional fees. The first 10 pages of records will cost $1 per page and each additional page up to 50 pages will cost 25 cents per page. Requests that exceed 50 pages will be provided

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Charging for Electronic Records

Charging for Electronic Records Q: A local hospital district claims it is “required” to charge me for access to inspect records that they claim are only available in electronic form.  They have demanded a deposit of hundreds of dollars and my agreement to pay them whatever they determine the actual cost to be.  When you consider that more and more government agencies, like businesses, are going paperless, this will become a major problem unless it’s

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A&A: Strategic question regarding a large PRA request

Q: My non-profit organization intends to request a large number of public records from the California Department of Health Care Services. At this point, our questions are strategic. For example: are we likely to make more progress with a reluctant government agency by a series of requests, none of which is, in itself, unduly burdensome? Or are we likely to make faster progress by asking for everything we want and, when we are refused, starting the litigation process

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A&A: Is a school caretakers’s security camera subject to CPRA?

Q: In this case, the caretaker has a contract with a local school district to provide security services on the school premises. The security cameras are attached to the caretakers mobile home, which is on school property. Are the camera’s subject to CPRA? [su_button url=”https://firstamendmentcoalition.org/legal-hotline” target=”blank” style=”flat” background=”#f5ef4a” color=”#0b0707″ size=”5″ wide=”yes” center=”yes” radius=”0″ desc=”Click Here!” class=”div { font-size:x-small; }”]Did you find what you were looking for? Ask our Legal Hotline for help![/su_button] A: Under the California

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A&A: Can City withhold information until it tells City Council members?

Q: This is two pronged:  I asked the City Clerk multiple times if they had heard from county elections officials if they had verified signatures turned in for a citizen’s ballot initiative. I was told repeatedly they had not yet heard. The next day, they sent me the document from the county showing the signatures had been verified. It was time stamped by the City Clerk shortly before 4 p.m.the previous day. In other words, the city clerk

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A&A: Are not for profit charter schools required to comply with the CPRA?

Q: Under the CA Public Records Act, are not-for-profit charter schools required to comply? Are any not-for-profit (public, private, charter, etc.) required to comply? A: I’ll address your questions in reverse order.  With respect to your second question regarding whether schools are subject to the PRA depends on a few things.  Generally in our experience, non-profit charter schools that are funded with taxpayer dollars are, more often than not, subject to the California Public Records

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A&A:What rules apply to searching DMV database?

Q: I’m divorcing a law enforcement officer, who has taken abuse of power to a whole new level and no one seems to care. What are the laws regarding license plate queries? My Ex, or his buddies, “ran” all of my friends and family through CLETS in order to gather information. When I contacted the DMV and filed a formal complaint, I was told it was a “family court issue.” Also, I recently requested documents

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A&A: School District Stalling Over My Request For Gender Breakdowns On Student Performance

Q: I made a PRA request to the School District for gender breakdowns on student performance. After nine business days, I receive an email reply from a law firm seeking “clarification” on about fifty percent of the items. The clarifications requested are not necessary; they are stalling. And they do claim to have approximately half of the items but they did not provide such. The lawyer also claims that due to “reduced staff” they cannot provide me

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A&A: Fee for email copies same as paper copies?

Q: I filed a complaint with the Department of Fair Employment and Housing (DFEH). The investigation is now complete, and I have requested a copy of the complete file.  The DFEH district administrator responded stating cost of 10 cents per page plus postage needs to be paid before I can receive file copy.  I requested to have it sent by email instead to avoid  fee, but DFEH insist charging cost per page even if sent

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A&A: Direct Costs of Copying

Q: In your CPRA Primer (linked from your web page), it says that agencies may charge for the “direct costs” of copying a document but not for anything else.  Is this in statute somewhere?  I have tried to find it with no success. A: The statute is California Government Code section 6253(b).  A court has held that “direct cost” generally does not include search and retrieval time.  North County Parents Organization v. Dep’t of Education,

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Sample CPRA request letter

resources ACCESS TO RECORDS Sample CPRA Request Letter Menu | Access to Records Download CPRA Sample Letter Date Name and Title [of the official with custody of the records] Name of Agency Address RE: Public Records Act Request  Dear, I am requesting access to records in possession or control of the [insert government entity] for the purposes of inspection and copying pursuant to the California Public Records Act, California Government Code § 6250 et seq.

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A&A: University claims to have a year to respond to document requests

Q. The Public Affairs director at the local State University claims that he can take four months to a year to respond with public records. This needs to be resolved as he is routinely months late with responses. A. The Public Records Act gives local agencies 10 days to respond to a request for a copy of a public record; the time for responding can be extended by the agency for an additional 14 days

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A&A: Request for advisory committee’s documents denied

Q: I want to get copies of documents from a local planning group (elected advisory body under the City’s Dept. of Planning and Land Use). The chair of the committee has sent members an email  explaining that they should each bring the documents they possess for me to read while the meeting is in session, but claiming copies needn’t be provided.  What do I do? A: As it sounds like you are aware, under the

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Waived copy fees

Waived copy fees Q: May the state agency waive copying fees for documents sent to me; I can’t find this in the CPRA. Doing this there is no record of the number of documents I received other than what I have in my possession. Additionally, I asked to inspect and review manuals – it’s not possible for a manual to fit in this box. A previous CPRA request made by me to this agency was

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Inspect vs. Request, and Proposals as Public Records

Inspect vs. Request, and Proposals as Public Records Q: I’d like to know if proposals made to cities in response to a request for proposals are public records. Also, I’ve heard that there is no 10-day waiting period if someone simply asks to inspect a record, and does not ask for copies in a PRA. Is that true? A: Under the Public Records Act, all documents created, owned, or maintained by a public agency are

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A&A: How long does the agency have to reply to my records request?

Q: I requested documents regarding disciplinary action taken against me by my employer, a metro department of transportation. It’s  been more than a month and I’ve not received a reply.  What would be the next course of action? A: The Public Records Act gives local agencies 10 days to respond to a request for a copy of a public record; the time for responding can be extended by the agency for an additional 14 days

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A&A: Does the CPRA allow use of iPhone to photograph public records?

Q: The County Recorders Office prohibits the use of hand scanners or digital cameras in its Public Documents room and requires researchers to purchase document copies from them. Is this restriction legal ? A: The California Public Records Act (CPRA), in pertinent part, only requires that an agency’s records be “open for inspection”, Govt. Code section 6253(a), and that “upon request for a copy of records . . . [the agency] shall make the records

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A&A: Can’t access documents because the staff member in possession is on extended vacation

Q: I requested e-mail records from a  public agency months ago. I am still waiting for many of these records and have been informed that the person who has access to these records will be on vacation for at least another month. Does the government have the right to delay responding to my request for months due to vacations? If not, do you have any cases I can mention to the agency that cover this

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A&A: Is it legal to charge fees for viewing a transcript?

Q: My organization is being charged a fee to view parole hearing transcripts–not copy; simply view. We are also told we will be charged to view the complete parole board’s response to a public hearing. We would like an opinion on the legality of this policy A: It sounds like you know that under the Public Records Act, “[p]ublic records are open to inspection at all times during the office hours of the state or

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