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Asked & Answered

Accessing consumer complaint records

firstamendment June 14, 2009

Accessing consumer complaint records Q: I requested some records from AG California, after California reached a settlement with Bayer. The requested records pertained to the investigation of a medicine called Baycoland. AG California has denied my request on the ground that consumer complaints and confidential law enforcement records of the AG are exempt from disclosure to the public pursuant to Cal Govt. Code Section 6254(f), citing Dick Williams v. Superior Court (1993) 5 Cal. 4th

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How Long Do Agencies Have to Keep Records?

firstamendment June 14, 2009

How Long Do Agencies Have to Keep Records? Q: How long do state agencies have to keep records?  The Department of Fish and Game tells us they destroyed the records we wanted because they are over 4 years old. A: Nothing in the California Public Records Act (“PRA”) addresses a local agency’s obligation to retain records.  See 64 Op. Atty Gen. Cal. 317 (1981) (“Nothing in the Public Records Act purports to govern destruction of

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Are Voter Information and Other Records Requests Public Records?

firstamendment June 14, 2009

Are Voter Information and Other Records Requests Public Records? Q: I am trying to determine if the following are public records in California : 1) Voter information (the County election dept. says it is not due to privacy laws and CA Law 2194- I may be off on the law’s statute) 2) Information as to what others have requested as public records (for example, I would ask the County and city to provide me with

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Details of Preliminary Lawsuit Settlements

firstamendment June 14, 2009

Details of Preliminary Lawsuit Settlements Q: The Metropolitan Transportation Authority (MTA) board approved a settlement of a lawsuit by Clear Channel Outdoor regarding the removal of some billboards from MTA property to make way for a street improvement project.  On or about the same time, the MTA agreed to sell some surplus property to the City for a park project, on the condition that the city approve a supplemental use district allowing four new Clear

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Personnel Files

firstamendment June 14, 2009

Personnel Files Q: How do I access city personnel files? Particularly performance reviews? A: As you know, under the California Public Records Act (“PRA”), records in the possession of public entities are presumed to be public unless one of the Act’s enumerated exceptions to disclosure applies.  The PRA exempts from disclosure “[p]ersonnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.”  Gov’t Code § 6254(c). There has been

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