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Asked & Answered

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

FAC October 19, 2011

Q: A recent CPRA 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 response to their letter? A: For background purposes, Government Code section 6255(a) of the Public Records Act,

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A&A: City council candidates’ website URLs have been excluded from the city website

FAC October 11, 2011

Q: Our city is having an election in November for city council members. On the city’s website, they list each candidate’s name, address, phone number, etc.  When I suggested to the city clerk that the candidate’s website address also be included as a public service, I got a response that: ”The City’s responsibility is to remain neutral regarding candidates and elections. Therefore, we provide the contact information that each candidate provides to us to make

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A&A: When government outsources program are documents public?

FAC October 10, 2011

Q: I have asked the city for a particular statistical report about their red light camera system. They have refused to provide the records, and have ignored my offer to pay (per GC 6253.9(b)). The requested report is one which a city can obtain by going to the website of their red light camera vendor, selecting the report from an on-screen menu of report types, then selecting the intersection to be covered by the report,

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A&A: Can my city require six days notice for a permit to picket or is that prior restraint?

FAC October 7, 2011

Q: The city has drafted a new ordinance that requires six days notice and a permit to picket or demonstrate on main drags, and two-to-four days on smaller ones. Is this a violation of free speech rights/ A: Public streets are generally considered public forums — in fact, they have been called “‘the archetype of a traditional public forum.’” Gaudiya Vaishnava Soc. v. San Francisco, 952 F.2d 1059, 1065 (9th Cir. 1991) (quoting Frisby v.

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A&A:Request for documents on Tax Lien Sale denied. Why?

FAC October 6, 2011

Q: How do I request in writing all records and e-mail communication on a property that was removed from a Tax Lien Sale from the time the first code enforcement violations to the present time. I have been refused an informal request without a good explanation. I would like to see the law that would remove the property from the Tax Lien Auction List. This has also been refused. A: In making your request for

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