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Tracy case tests the power of government officials to avoid disclosure of their emails on public business

[…] their own email account (rather than an account set up by the city), their messages are not subject to the Public Records Act, no matter what the emails say or to whom they’re sent. The Public Records Act defines a public record as "any writing containing information relating to the conduct of the public’s […]
- Government Transparency and Accountability
- Public Records
June 2, 2009
Asked and Answered

CPRA

City avoiding disclosure of personal email

A council member has claimed in public meetings and in the press to have received email regarding a particular issue. Our PRA requesting those email have been rejected by the city because they do not have email accounts for council members. However on the city website the link to contact council members is the […]

January 13, 2012
Asked and Answered

CPRA

Does a councilmember use of personal email address mean all messages are exempt?

[…] business. As detailed below, there is a California court case on this issue, but it did not resolve the basic issue. In January 2007, a newspaper in Tracy, California, requested communications between city officials and the Lawrence Livermore National Laboratory. Although the city produced certain e-mails, it did not produce e-mails between a city […]

November 22, 2011
Asked and Answered

CPRA

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

Our newspaper made an public records request for "all emails to and from city employees" regarding a new parking meter system the city is using. Our intention is to see whether employees have written emails stating that the system is not working properly. In response, the city attorney exempted an unspecified number of emails […]

November 17, 2011
Asked and Answered

CPRA

Access to sheriff’s e-mail and phone records

[…] of the particular case. In January 2007, a newspaper in Tracy requested communications between city officials and the Lawrence Livermore National Laboratory. Although the city produced certain emails, it did not produce e-mails between a city councilwoman from her personal email account and the lab. After the newspaper sued for the release of the […]

March 22, 2012
Asked and Answered

Brown Act CPRA First Amendment

Mayor up for reelection wants to stifle public comment on candidates

[…] Interestingly enough, a response from her fellow councilman supported my position that she was looking to stifle the First Amendment. He said he had been monitoring her emails to the city attorney and I was not wrong in my assessment that her intent was just that. Will I have access, through an FOIA request, […]

August 30, 2010
Asked and Answered

CPRA

How does the CPRA deal with emails between elected officials

[…] a provision of the PRA exempts it from disclosure. Gov't Code Section 6252-6253. The term "writing" includes e-mail. Gov't Code Section 6252(g) (defining "public records" to include emails).A special district would be considered a "local agency."Therefore, emails sent from one district official to officials in other districts, that concern the public's business, and that […]

August 21, 2010
Asked and Answered

Brown Act CPRA

Board Conducting Public’s Business Via Private Emails

It became apparent yesterday morning that the Board of Directors of our Community Services District is conducting a significant portion of its business via email. The emails would have originated from at least six personal private computers.Such email has not been made part of the public record.Under CPRA I have requested copies of all […]

June 24, 2010
Asked and Answered

CPRA

Access to government officials’ email on personal account

[…] to fall within this definition even if it were sent to his home address or personal e-mail account. Note, however, that in January 2007, a newspaper in Tracy, California, requested communications between city officials and the Lawrence Livermore National Laboratory.Although the city produced certain e-mails, it did not produce e-mails between a city councilwoman […]

June 8, 2009
Asked and Answered

CPRA

City finds many ways to deny CPRA requests for emails

My newspaper has had difficulty accessing City emails via public records requests. Our city has a written policy of only making available email from the city server (city manager, city finance director, etc.) for a 30 day time period from the date of the submission of the public record request. PRA requests are repeatedly […]

May 31, 2013