Search Results for: Exemption for personnel, medical files

A&A: As a retired public employee, can I access my payroll records using the CPRA?

Q:  I am a retired public employee and I’m being taken to small claims for an alleged overpayment that supposedly happened in 2008. I need to try to get copies of my payroll for 2008. If those are still around, can I access those? How would I do it? A: The California Public Records Act, Cal. Govt.. Code sections 6250 et seq., provides that all records of state and local agencies be open to the

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Records with the names of citizens and non-citizens

Records with the names of citizens and non-citizens Q: I want to ask for some guidelines about the law (I am not sure if it is a law or not) that protects the names of illegal immigrants that are convicted in the U.S. of violent crimes. I want to have guidelines about which one is the story here, I want to know why this is different between illegal immigrants and American Citizens? I know that

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A&A: Are Citizen Bond Oversight Committee Applications Public Records?

Q: I submitted a CPRA for completed/submitted applications of Citizen Bond Oversight Committee members, however, the school district denied “the request stating my request for the completed applications are protected from disclosure pursuant to Government Code section 6254(c), disclosure of which would constitute an unwarranted invasion of personal privacy.” I reviewed the government code and think it does not apply to the CBOC members since they are volunteers and not personnel. Would you be able

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Accessing Information from ICE

Accessing Information from ICE Q: Local reporters have complained that they have been unable to get basic information from US Immigration and Customs Enforcement (ICE) following ICE\’s recent raids targeting immigration fugitives in northern California. In reporting on raids in which scores of people are arrested and removed from their communities, reporters say that ICE declines to state: how many people have been arrested; who has been arrested; where they have been taken, etc. I’ve

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Personnel Files

Personnel Files Q: How do I access city personnel files? Particularly performance reviews? A: As you know, under the California Public Records Act (“PRA”), records in the possession of public entities are presumed to be public unless one of the Act’s enumerated exceptions to disclosure applies.  The PRA exempts from disclosure “[p]ersonnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.”  Gov’t Code § 6254(c). There has been

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Access to Police Officer personnel files

Access to Police Officer personnel files Q: Basically, what I want from the city is: 1. The former chief’s personnel file (including his contract, etc.) 2. The investigation documents (which I’m assuming would specify allegations, testimonies, etc.) 3. The former chief’s termination action (which I’m assuming he received in writing). Do I legally have access to any of these things? Also, does the situation apply differently to police employees? A: Unfortunately, under something called the

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A&A: What portion of personnel files are exempt from CPRA disclosure?

Q: Exactly what portion of personnel files are exempt from disclosure under the California Public Records Act? Specifically, I am trying to find out whether our child’s public school teacher — who was a probationary employee  resigned;  was terminated for cause, or  was “non-reelected” (no reason required per union contract). Our School District maintains that the vast majority of an teacher’s personnel file is non-public, with the exception of a very limited number of basic

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A&A: CPRA Request Denied Citing “Invesitgatory Files” Exemption

Q:  I made a CPRA for the Complaint report filed against my mother’s daycare. The allegations were completely false and I have a report from the Dept. of Social Services stating the allegations are false and she has been completely cleared. The PRA Attorney for Dept of Social services has denied my request because of Gov Code Section 6254(F) and (C), he keeps citing “investigatory or security file.” I have stated that the allegations have

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FOIA precedents and the CPRA #2

FOIA precedents and the CPRA #2 Q: Would a Federal FOIA (Exemption 6) be precedent setting inCalifornia where the records in question fall under CPRA Section 6254(c) – personnel, medical, or similar files. Thank you. I appreciate it.CPRA exemption for private personal informationSection 6254Personnel, medical or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.(b)(6) EXEMPTION 6 Personal Information Affecting an Individual’s Privacy. This exemption permits the government to withhold

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Oregon medical pot case raises First Amendment concerns

The 9th Circuit federal court of appeals heard  plaintiffs argue that the sheriff retaliated against them because they petitioned Douglas County to return the legal marijuana taken among a seizure of 117 lbs of marijuana. They claimed the sheriff persuaded federal authorities to become involved,  in violation of their First Amendment right to petition the government to return property. The plaintiffs said the sheriff harbored some animosity toward the Oregon Medical Marijuana Act which requires

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A&A: FOIA request California State Parks internal investigation

Q: Last summer the nonprofit on whose behalf I am writing alleged that California State Parks had misappropriated $45,000 of restricted grant money. In October, State Parks conducted an internal investigation that exonerated the agency. State Parks has refused to release the investigator’s report, citing personnel issues. Can you advise us on how to file a FOIA request to get the report? A: I am sorry that your nonprofit is having trouble getting hold of

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Autopsy records of a public official

Autopsy records of a public official Q: I am news producer at a television station. One of our city councilmen, recently died. Under the public records act, the county medical examiner released their autopsy report, which indicated alcoholic hepatitis. However, the medical examiner is refusing to release the clinical tests which were done to determine whether they had VIRAL hepatitis (i.e. hepatitis A or B). They are citing Government Code 6254 which exempts from disclosure

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A&A: Can I appeal a records request denial from State Medical Board?

Q: I made a request to the California Medical Board for licensing application information. The Medical Board denied my request and offered no avenues for appeal. By my reading of relevant case law, and admittedly I am not a lawyer, this information is clearly not exempt from the Public Records Act. Are there avenues for appeal for this kind of denial that don’t involve entering litigation? If litigation is required, is it common practice, or

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A&A: CPRA for personal medical record

Q: I recently submitted a CPRA request inquiring about my personal medical record. The CPRA was accepted but certain information that I requested was forwarded to several medical departments, requiring their consent to disclose. If a document is not responded to through a CPRA, what are my further options, or entitlements (preceding an expensive court action)? A: As you appear to be aware, under the California Public Records Act, public records — which include “any

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California Driver’s License Numbers and the CPRA

California Driver’s License Numbers and the CPRA Q: Must a public agency provide driver’s licenses of business owners it licenses? Can or must the public agency redact any of the information like the actual CDL number? A: As you may know, California’s Public Records Act provides that all documents created, owned, or maintained by a public agency are presumptively available for public inspection unless one of the PRA’s exemptions applies.  Govt. Code § 6253(a).  One

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Private information in the public record

Private information in the public record Q: The State of CA Medical Licensing Board has published my private medical info on their License Verification web site. Based upon the premise that under the Public Records Act, my license is a Public Document that the public is entitled to see.  They claim they are required to tell the Public their justification for giving me a Probationary License. My stand is that while the status of my

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A&A: School personnel campaigning on public dime

Q: Can I request emails from the school district without using an attorney? I want to request emails between the superintendent and other employees, assistant superintendent and union reps, and board members and school employees? Reason: I have seen hard evidence that they are campaigning on school time, using equipment to run campaigning materials and requesting contributions for incumbents during school time. Please let me know. A: Members of the public can request public records

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

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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A&A: Should school superintendent’s goals be made in closed session?

Q: Our City Council sets the City Manager’s goals in open session. The goals are public. The evaluation of the City Manager in meeting goals in done in closed session. In contrast, the School Board sets  goals for the Superintendent’s in closed session. Recently, the new superintendent made her goals available on the District web site. The Board President thanked her in a public column for choosing to be transparent since the goals are an

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