FAC

FAC Prevails in Effort to Force CA Attorney General to Disclose Police Misconduct Files

A San Francisco judge today ordered California Attorney General Xavier Becerra to begin disclosing police-misconduct files sought by the First Amendment Coalition (FAC)—a victory for government transparency against one of the few remaining police agencies in the state to refuse to comply with Senate Bill 1421, California’s new landmark police transparency bill that went into effect on Jan. 1. San Francisco Superior Court judge Richard B. Ulmer, Jr. soundly rejected the Attorney General’s claim that

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FAC Moves to Unseal Search Warrants in Illegal Police Raid on SF Journalist

The First Amendment Coalition (FAC) today filed a motion to unseal the San Francisco Police Department’s applications for two search warrants in the case of journalist Bryan Carmody, whose home and office police raided last week, sparking national outrage from press advocates, civil libertarians and many others. Why two judges authorized those warrants—which appear to be illegal under both California and federal law—remains a mystery since the police department’s applications for the warrants are under seal

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A&A: My Request for City Contract with Towing Company Was Never Answered

Q: I requested a copy of a contract, between my community and a towing company base in a neighboring city, but never received a response. A: Under California’s Public Records Act, “‘[p]ublic records’ includes any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics,” Gov’t Code section 6252(e) – and must be disclosed upon request unless a specific

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A&A: Police Deny Request for Previously Public Statement Claiming Exemptions

Q: I am seeking public records from the Police Department. They routinely deny access to records claiming exemptions. In 2017 police drew guns on a group of black youth at the Target store. After a viral video criticizing the incident was posted and subsequently deleted, the Police released a statement. My request for records from the incident were denied by the police. I would like to challenge their refusal to provide the records claiming an

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A&A: How does one deal with CPRA Request Response Denying the Records As ‘Privileged’?

Q: How does one deal with ‘Privileged’ designation in a Public Records Act request response? A:  Both the attorney-client privilege and the attorney work-product privilege are incorporated into the Public Records Act through Government Code§ 6254(k). In general, California law provides that confidential communications between a lawyer and his or her client are privileged and do not have to be disclosed. Evidence Code §§ 954-955.  However, not everything that passes an attorney’s desk is covered by this

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