Asked & Answered

A&A: Can’t access documents because the staff member in possession is on extended vacation

Q: I requested e-mail records from a  public agency months ago. I am still waiting for many of these records and have been informed that the person who has access to these records will be on vacation for at least another month. Does the government have the right to delay responding to my request for months due to vacations? If not, do you have any cases I can mention to the agency that cover this

Read More »

A&A: Are words chosen for tombstone protected speech or can a Public Cemetery District censor them?

Our local public cemetery district has adopted a policy (which I objected too) of requiring that monument makers first submit to the cemetery district manager the verbiage and artwork for any new benches, monuments, or headstones to gain approval before the cutting or sand blasting of the monument can begin. I ran into this rule headlong today when I tried to order a memorial bench and was told by the monument maker that the cemetery

Read More »

A&A: Sheriff’s office denies access to 2004 arrest documents saying too much time has elapsed

Q: I recently requested information pertaining to a 2004 arrest of a man by the Sheriff.  I was told by their Discovery Officer that my request would be denied because the records are so old and I’m no longer entitled to the information under the Public Records Act. She cited 6254 f(1) and (2) which I understand entitles me to certain information (bail, arrest time, location etc.) She also mentioned a case entitled Kuzar which

Read More »

A&A: How can I get the police dept. to release a shooting report?

Q: The local police department is refusing to release a report on a shooting. Many months have passed since the incident. They give no explanation for their actions. What would be the best way to proceed to get them to release the report? A: As you may know, under California’s Public Records Act, public records — which include “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained

Read More »

A&A:Denied access to county’s seismic studies

Q: I have been seeking access to seismic studies performed as part of the county’s subway extension process but my request has been denied. I would like to make the request under the FOIA. How should I do this? Does the County have its own FOIA? A: Since it sounds like the agency you are seeking records from is a local agency, as opposed to a federal agency, you would probably want to make your

Read More »