FAC

A&A: Are the officer’s emails exempt from access under the CA Public Records Act?

Q: I am considering filing an open records request under the California Public records act for the internal emails of a police sergeant.I suspect there is information related to misconduct on an issue not related to any open criminal case or crime investigation. Are the officer’s emails exempt under the law, or would the department simply have to black out any information related to open investigations and still give me the records? A: It is always

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A&A:Is County Transit’s denial of our ads based on content, violating free speech?

[vc_row][vc_column][vc_column_text]Q: I work on an environmental campaign related to water and wildlife habitat. I have attempted to place ads on buses and/or at bus stops managed by County Transit and the Transit Authority. County Transit denied our ads based  on their content, which they determined  includes “issue advocacy” which is not allowed under their recently-revised advertising policy (this policy excludes all advertisements that do not promote “commercial transactions”). The Transit Authority has simply ignored all of my attempts

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A&A: Can a public college bar employees speaking to the press?

Q: My community college district has an unwritten policy that bars publicly employed campus safety officers from speaking to members of the press. On several occasions they have told me of the policy and referred routine questions to supervisors. When I questioned supervisors about the policy, including media relations and the college president, they denied any policy existed. If the policy does exist, and the college is willingly and knowingly restraining public employees from speaking, is it

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A&A: What penalties have local governments faced for violating the CPRA?

Q: I’m developing program to teach our office staff how to handle PRAs, and am looking for some examples of local governments, preferably in California, that have been penalized for not abiding by the terms of the law.  Is a lawsuit the only way to remedy it?  Can you share any examples? A: It is admirable that you are training your employees in how to respond to Public Records Act requests.  In general, it seems

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A&A: CPRA ten-day deadline for request responses: Is that business days or calendar days?

Q: Regarding the CPRA’s mandate that an agency must respond to a request within 10 days , FAC and other groups claim this means calendar days, not working days. Is there some compelling basis for this belief? A:  Unless a statute containing a time limitation specifies that “days” means court days or business days, the default is to calculate using calendar days.  If a particular deadline falls on a weekend or holiday, then the deadline is typically moved up to the

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