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Asked & Answered

A&A: Are CPRA exemptions discretionary?

FAC August 21, 2012

Q: When responding to a request for police reports, CA agencies will usually give a blanket-decision of no without an explanation. Since Cal Gov Code 6254 states CPRA exemptions are discretionary, are agencies negligent when declaring a blanket-policy of denying access to any requests? Our local PD allows access after the case is over. Are they negligent for instituting a blanket policy in the other direction and refuse all requests on current cases including: •A

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A&A: The city decided in closed session to let Wal Mart pick up legal tab for lawsuit

FAC August 20, 2012

Q: Tonight the City Attorney reported out on the council’s closed-session meeting. She told the public that the meeting had discussed pending litigation over a Wal Mart development-agreement lawsuit; that the council had voted 5-0 to defend the city against the suit; and that they had also agreed in this same closed session to allow Wal Mart to cover the city’s full legal costs for the suit. Although I understand the city’s need and right

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A&A: Denied police records because they were not in “searchable format”

FAC August 17, 2012

Q: I submitted a rather complex public records request to a number of local police agencies. My requests sought records pertaining to individuals detained by local police and subsequently turned over to federal immigration authorities, without formal arrest. My requests have been denied on various grounds, but most of them on the basis of County of LA v. Superior Court, the Kusar case. My request does require the search of numerous documents going back to

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A&A: Restricted from displaying candiate info at debate forum

FAC July 19, 2012

A: I brought flyers with information on a candidate to a city hall  debate sponsored by the League of Women Voters. I was informed that I could not place the flyers upon the table where the candidates had their literature. Here’s some context: this League of Women Voters chapter has attempted to curb any speech that is independent of a candidate’s. They do so through attempts by mailers to inform voters to watch for “hit

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A&A: Using Public Records Act to find a school executives’ salaries

FAC July 19, 2012

Q: I am a student looking to improve my understanding of executive compensation at my school and other schools in our region. When I contact the other schools, I cannot obtain hard information. The school administrations simply ignore my emails. I can usually get access to salary schedules, which are a framework for determining compensation, but it’s not a hard number,”this person made this much in this year.” What’s the best way to obtain information

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