firstamendment

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

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

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

Accessing Government Phone Records Q: I am researching a public records request.  It is my understanding, post Prop 59, that the public paid for cell phone and desk phone records of elected officials are available for review by citizens/news organizations, etc. and that privilege can not be invoked by a municipality or local government to redact the incoming and outgoing phone numbers from those records.  Is that correct?  If so – where has this been