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Explainers

[…] The CPRA provides for two means of accessing public records: inspection and copying. As to inspection, the CPRA states, "Public records are open to inspection at all times during the office hours of a state or local agency and every person has a right to inspect any public record, exempted as otherwise provided.... Any […]

July 3, 2024
Asked and Answered

CPRA

Can I access emails of city employees using personal emails for city business?

[…] whether employees have written emails stating that the system is not working properly. In response, the city attorney exempted an unspecified number of emails citing a ’ deliberative process’ exemption in CCC 6252(d), 6254(a) and (k) and 6255. He cited cases including Rogers v. Superior Court 19 Cal. App. 4th 469 (1993). I’m contacting […]

November 17, 2011
Asked and Answered

CPRA First Amendment

How can I get around the CPRA “catch-all” exemption?

[…] request to the California Department of Justice resulted in a partial denial of responsive records; they claimed the deliberative process exemption for the records not provided (citing Times Mirror). If a process is not related to something truly requiring secrecy, are there any options to pursue this information and what would be the appropriate […]

October 19, 2011
Asked and Answered

CPRA

Mayor’s appearance calendar

[…] "deliberative process" exemption allowed the Governor to refuse to release copies of his appointment calendars for the five years he had been in office. The case was Times Mirror Co. v. Superior Court, 53 Cal. 3d 1325 (1991). Even though this exemption is not listed in the California Public Records Act, the Court held […]

June 14, 2009
Asked and Answered

CPRA

Report Request Denied Citing ‘Attorney Work Product, Official Info and Deliberative Process Privilege’

[…] the public by the attorney work-product privilege (Code of Civil Procedure §2018.030), the official information privilege (Evidence Code §1040), and the deliberative process privilege (Government Code §6255; Times Mirror Co. v. Superior Court (1991) 53 Cal.3d 1325)." I'd like to get some guidance on this. Would such a report actually fall under these exemptions? […]

November 27, 2018
Asked and Answered

CPRA

Can the Deliberative Process Privilege be used to avoid answering a deposition?

Is there any new case law on deliberative process privilege? I read on the website that in 2008 the CA court of appeals ruled Prop. 59 didn't eliminate the deliberative process privilege. So, is the fact that the right to know is a constitutional right a dead argument? Can the privilege be claimed to […]

April 22, 2017
Asked and Answered

CPRA School Records

Public Records Act Request Denied Due to Inability to Redact “Deliberative Material”

[…] exempt from disclosure citing Gov. Code §6255. I appealed the decision based on the wording of the code that states: "If a record contains both factual and deliberative materials, the deliberative materials may be redacted and the remainder of the record must be disclosed." They rejected this claim stating that "Board Informatives are directly […]

February 20, 2018
Asked and Answered

CPRA

Does “Deliberative Process Privilege” Allow California governor to Withhold Communications Relating to Voter-Mandated Study?

[…] months later and I have not yet received these records. Gov. Newsom's legal team has claimed that the Governor's communications are exempt because it would "reveal the deliberative process of the Governor and his administration." Despite the requested communications only pertain to the mandated nonprofit feasibility study. The Governor's legal team has not responded […]

March 13, 2020
Asked and Answered

CPRA

Can I use the PRA to request lawmaker’s emails and calendars?

[…] the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record." Gov't Code §§ 6255(a), 9074. Unfortunately, in Times Mirror Co v. Superior Court, 53 Cal. 3d 1325 (1991), the court ultimately found that a governor's calendars were exempt pursuant to the catchall provision of […]

August 26, 2016
Asked and Answered

CPRA

Emails as public records

[…] recognized that this "deliberative process privilege" may justify non-disclosure in some circumstances, for instance in response to a request for all calendars of the Governor of California.(See Times Mirror v. Superior Court, 53 Cal. App. 3d 1535 (1991). However, they have also recognized that a narrower, more specific request might justify disclosure of such […]

June 14, 2009