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Asked & Answered

A&A: Requesting tax information from a non-profit organization

FAC August 19, 2010

Q: I am a reporter currently working on a series of articles on a local nonprofit. I know that as a 501(c)3 nonprofits have to file financial information with the IRS and are required to show the 990 form to anyone who asks. As a journalist and member of the public, can I request financial information from the most recently ended fiscal year (which would be included in the 990 form due soon to the

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A&A: “Briefings” on controversial project really serial meetings?

FAC August 18, 2010

Q: The planning commission was given six days to review a 117 page packet for a very controversial project for the gateway of our city, which has not been developed. The day before the commission hearing, the city manager held a series of “briefing” meetings with groups of the 2-3 planning commissioners at a time (our commission has 7 members). According to the schedule, more than a quorum of commissioners were scheduled for a meeting

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A&A: Agency won’t provide records in electronic format

FAC August 18, 2010

Q: In response to our public records request for electronic data, public agencies have refused to release data in Excel format. They have instead given us pdfs or hard copies. Their reasons are vague, ranging from concerns we will manipulate the data to saying it’s not their policy to release data in that format. I recently received a raft of paper in the mail, clearly copies of spreadsheets. The county counsel said, “The District’s policy

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A&A: How are attorney’s fees calculated in CPRA cases?

FAC July 26, 2010

Q: First off thank you so much for providing such a boon to transparency in government. I’ve found an attorney willing to take a CA Public Records Act (“CPRA”) case where the would-be defendant won’t disclose records that clearly should be or provide an exemption or other concrete reason for not providing the requested documents. The attorney wants $5,000 to write the complaint and start the lawsuit (although he admits he does not know the

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A&A: What’s the law regarding destruction of public records?

FAC July 19, 2010

Q: What section of California law deals with retention and destruction of public records? A: California has several statutes addressing document destruction/retention. With respect to city governments, Government Code Section 34090 requires that the city retain any record that is less than two years old: Unless otherwise provided by law, with the approval of the legislative body by resolution and the written consent of the city attorney, the head of a city department may destroy

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