Search Results for: 6253(c) days

A&A: Is CPRA 10-day deadline measured in calendar days or weekdays?

Q:The PRA provides that “[e]ach agency, upon a request for a copy of records, shall, within 10 days from receipt of the request, determine whether the request, in whole or in part, seeks copies of disclosable public records…” Govt Code § 6253(c) Is that 10 business days or 10 calendar days? How long do I have to wait before sending a followup request to which I have not gotten any response? A: The 10-day period

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A&A: CPRA ten-day deadline for request responses: Is that business days or calendar days?

Q: Regarding the CPRA’s mandate that an agency must respond to a request within 10 days , FAC and other groups claim this means calendar days, not working days. Is there some compelling basis for this belief? A:  Unless a statute containing a time limitation specifies that “days” means court days or business days, the default is to calculate using calendar days.  If a particular deadline falls on a weekend or holiday, then the deadline is typically moved up to the

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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: Agency Claims 90-Day Records Request Response Time

Q: I am requesting records from multiple agencies. and meeting with resistance and run around.  In one case, my request passed through three agencies until I was finally told that a response would be forthcoming in 90 days.  I questioned the 90 days and below was a response from there legal dept. “Government Code 6253(c) also states that when a state agency makes a determination that it has disclosable public records, that “the agency shall state

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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: 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 public information not honored

Q: I made a request for public information four months ago from my local school district and I have not received the requested information. Please advise. A: The Public Records Act contains various provisions related to the time an agency has to respond to a request for public records, as well as the disclosure of those records to the requester.  Gov’t Code § 6253(c) provides that the agency must respond to a request for a copy of

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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: Can An Agency Extend Response to a CPRA Request Up to Eight Weeks Due to Covid?

Q: I received a response to a CPRA request notifying me that I would likely not receive a response for eight weeks. Is this extended window consistent with the PRA? If it is not, what remedies are available to me? [This questions was submitted in 2021 amid the coronavirus pandemic.) A: Although the agency has a right to a 14-day extension of the usual 10-day response period for a California Public Records Act (“CPRA”) request,

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A&A: Does the California Public Records Act Allow Agencies to Extend Deadline for Retrieving Records from 14-Days to Months?

Q: I submitted a public records request about six weeks ago. The state agency responded promptly requesting a lengthy extension. Are they allowed to ask for so much time to gather records? When are they only allowed a 14-day extension and when can they claim they need more time? I did not push when they asked for more time because I was busy with other projects. Now I’m wondering, should I have been more assertive

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A&A: School district claims too busy to fulfill document request

Q: I have made numerous attempts to view board meeting minutes, a contract with a specific vendor, payment documents to that vendor, and the names of the other bidders who were not selected for the position at the School District offices. Each time they sent me away saying that they were too busy to get the documents for me, and I would have to send them a written request, which I did. Even so, they

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A&A: My Request for City Contract with Towing Company Was Never Answered

Q: I requested a copy of a contract, between my community and a towing company base in a neighboring city, but never received a response. A: Under California’s Public Records Act, “‘[p]ublic records’ includes 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 section 6252(e) – and must be disclosed upon request unless a specific

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A&A:Fire Department Mishandled Response to CPRA Request

Q:  I submitted a Public Records Act request to the metro Fire Department on an employee misconduct and abuse of power case which was captured on video. It was submitted on Oct 17, 2017. The department did not respond by Oct 27 as dictated by the 6253(c). On Nov 6, 2017. I contacted the department and they responded that the clerk who received the request on Oct 17th told me it would take longer. I responded

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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: 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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Recourse for ignored CPRA requests

Recourse for ignored CPRA requests Q: I’ve put in a Public Record request two months ago-and no response. I wrote again to them a month ago-no response. What’s my next step? A: The Public Records Act requires the public agency to respond in writing to your written request within 10 days.  (Cal. Government Code Secs. 6253 and 6255.)  It would appear that the agency did not comply with this requirement in this case.  We would

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A&A: My CPRA requests have been ignored. What can I do?

Q: I recently filed CPRA requests with both the California Department of Justice. I am being ignored. These requests have to do with the hot-button issue of adult guardianships, information which the powers that be might not be too happy to release. Nevertheless, the Sunshine laws mandate disclosure. As I am being stonewalled, I am requesting input as to what I can do. A: Where a Public Records Act request is being ignored, I always suggest

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A&A: Accessing university’s decision making on promotions and tenure

Q:  I’m working on a book on the discovery of AIDS. The discoverer was denied support for his promotion and tenure by his department’s promotion and tenure committee. I wish to obtain all documents related to this decision. Two questions: 1. Can I obtain them using FOIA? 2. Do I address the FOIA to the University’s department of medicine? the Regents of the CA university system? Or whom? Thanks. How long should I wait for a

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Non-response to CPRA requests

Non-response to CPRA requests Q: I sent a public records act request to the City Clerk of my City and I have not received a call or response to my request.  I am sending a second letter and attaching the first letter, but what can I do next if the city does not respond? A: As you probably know, under Government Code section 6253(c), public agencies are supposed to respond to requests for public records

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A&A: Toll Road Agency Says There is No 14-day Requirement for Responding to CPRA Requests

Q: The Transportation Corridor Agency (TCA) that manages toll roads has sent me an email saying that there is no 14-day requirement for responding to a California Public Records Act request.  Also, if a legal matter was brought is it customary for the government agency to pay for attorney’s fees? A: With respect to your first question, the California Public Records Act (CPRA) sets deadlines for agencies to respond to records requests. Agencies are required

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