Search Results for: Exemption for drafts of records6254(a)

A&A: Should I be allowed to access a report in draft form?

Q: I have made a request for a report commissioned by the city to evaluate the police department. My request was denied on the grounds that the report is in draft form. A similar report on the fire department was released as a “draft final report.” That report has since been removed from public access “for further analysis.”  The report on the PD has been read by the police chief, city manager’s office and other

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A&A: CPRA Exemptions for Drafts

Q: I have requested from the City any or all documents, emails, etc. regarding a proposed development policy. When they did not provide the information, they were given a deadline of today. Little of the information was provided and was told that since the policy is in draft form, it would not be provided until it is completed. In actuality, this is supposedly ready to go to the Planning Commission in two weeks. This all

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Drafts and Public Record

Drafts and Public Record Q: My city is reviewing and commenting on a Draft EIR for a large project they are undertaking. They have been getting drafts and commenting on it and then returning the comments to the consultant who presumably is editing the EIR in response to the comments. Are the Drafts of the EIR public records that I should be given access to and are the comments to the consultant public record too?

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A&A: Are draft reports exempt under CPRA?

Q: I have put in a public records request for a report done about the police dept. They have denied my request saying it a draft. The report has been around since August and read by the police chief, city managers office and other members of city staff. Do I have the right to access this draft report? A: The PRA exempts from disclosure “[p]reliminary drafts, notes, or interagency or intra-agency memoranda that are not

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A&A: City study taken off website after one day

Q: An historic inventory and study that the city paid for was put on the city’s website for only a day and then taken off. I’ve asked city staff to provide me with a copy and was told that it’s an administrative draft and they’re not for public view. A: I think the first question is whether the inventory and study you are looking for is exempt from disclosure under California’s Public Records Act. As

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First Amendment advocates criticize draft of new rules granting access to judicial records

Senate Bill X4 13 required that the California Administrative Office of the Courts (AOC) adopt new policies to provide public access to nonadjudicative court records, budget and management information. A 19-page draft has now been released for public comment from the present until October 29. So far First Amendment defenders say there should be no charge for providing documents and that the draft provides an overbroad exemption of “deliberative process” that would too easily block

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A&A: Park & Rec “advisory committee” keeping its advice secret

Q: 1. Can the (recently appointed) president of a Park and Recreation board form a “Management Committee” without approval of the full Board when one of the (two) members of said Committee is a public member? 2. This “Committee” met with representatives of several public and possibly private (non-profit) organizations without publically reporting who they met with, when, or the topic of discussion. We do know they met with an individual associated with an individual

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National security classification may find reasonable term limits

For the first time, a presidential administration has said that no information may remain classified indefinitely, raising hopes that after no more than 50 years government records would be automatically declassified and intelligence records no more than 75 years from date or origin. -DB Secrecy News Federation of American Scientists CommentarySeptember 29, 2009 By Steven Aftergood “No information may remain classified indefinitely,” according to a draft of an Obama Administration executive order on national security

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A&A: Is County Fire Chief’s Association subject to CPRA?

Q: My County’s fire service is attempting to take over the emergency ambulance service contracted by the County (currently outsourced to private ambulance firms). I submitted a CPRA for the contract with the fire service consultant. The cities subsequently denied the contract or stated they were in contract negotiations and would not release. I have been informed the cities are using the County Fire Chief’s Association to handle the consultant contract. Can I submit a

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What is a Draft? How does that affect Public Records Requests?

What is a Draft? How does that affect Public Records Requests? Q: An agenda report references a third party report. An excerpt from the agenda report: “The city engaged the services of Company to provide a cost benefit analysis of the proposed annexation. The preliminary results show that at project build out…a positive impact… of $1 million annually. This financial analysis will be refined throughout the process….” I requested to see the document, but the

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A&A: Can’t flush out City’s drainage report

Q: We are in a dispute with a developer regarding a drainage diversion across our property. Many months ago we asked the City for help and they  hired an outside engineer and geologist to conduct an investigation. After about three months, the engineer has been paid for several tasks relating to this, but the City has provided no information to us saying they are continuing to “review” the findings.  We have not yet filed or

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A&A: County Refusing to Share Mold Report they Say Requires Us to Vacate. How Can We Access that Report?

Q:  I am on the board of a nonprofit preschool in a county-owned building and we have just learned that our lease expired nearly two decades ago. This is an old building, but we have been declared safe by the company we hired to do our mold report. The county is refusing to show us their mold report, claiming attorney-client privilege. The county is trying to get us to vacate the building to do remediation

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A&A: CA Supreme Court denied my petition and I demand the right to know why

Q: A petition for review to the CA Supreme Court is assigned to a legal staff who drafts a ”conference memorandum” which summarizes the case facts, outlines the issues, and makes a recommendation to the court whether the case presents sufficiently important issues for review. Under the ”petition clause” of the constitution I feel that I should have the right to review such “conference memorandum” to insure integrity of the process when 99 out of

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County’s Technical Review

County’s Technical Review Q: We recently made a Public Record Request for documents relating to the County’s General Plan technical review and technical fix. The request was denied because: “…this draft is still undergoing internal staff and legal review. For that reason, the County is not able to produce the draft, or any memoranda or correspondence relating to it, as those records would be exempt from production under Government Code Section 6254(h). The records would

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Preliminary Data from FEMA as Requested by the City

Preliminary Data from FEMA as Requested by the City Q: I have requested “preliminary” flood mapping data from FEMA for the city. The FEMA Consultant has responded that the data are preliminary, therefore, they are not required to release it to the public. However, the city is using the preliminary flood data to dictate development standards. The city requires developers to conduct their own flood studies since the FEMA information is only draft or preliminary. If

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A&A: Can public access city’s internal investigation report?

Q: Can an internal investigation conducted by a city be obtained by an individual. The essence of the investigation is the purchase of equipment from a company and paying twice the amount quoted by another company for the same exact equipment. The difference in price was $25,000. The copy of the outcome of the investigation has been requested but denied twice because the city says it is an internal investigation and is not available to

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A&A: Are Emails Between Political Officials and Third Parties a Public Record in California?

Q: I recently tried to access email communications between a current elected city official and a former elected city official over a local project that’s being funded by public funds. The city responded to my requests, but only with publicly accessible information, essentially amounting to a refusal. Reasons included: the information in these emails was designated confidential and proprietary by a third party, publishing the emails could result in copyright infringement, and the emails include pre-decisional

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Successful outcome in FAC suit pulls back curtain on “deliberative process” 

The First Amendment Coalition has reached a highly favorable settlement in a PRA suit against Marin County for records relating to a stream conservation ordinance. The outcome should serve as a warning to local governments proposing to withhold records on grounds they reflect how official decisions are made. FAC and its co-plaintiff, environmentalist David Schnapf, will receive over 700 pages of records, including multiple drafts of the ordinance and notes taken by members of the Board of Supervisors

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Drone regulations stalled as interest grows in commerical and media uses

Entrepreneurs are complaining that the failure of the Federal Aviation Agency to enact drone regulations is hurting innovation and enterprise. A handful of drone operators got an exemption to the ban on commercial use of drones but were required to get a private pilot licenses, that the drone operators say does not prepare anyone to control drones. (The Washington Post, December 9, 2014, by Matt McFarland) A group of Senators pressured the FAA to speed

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