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Asked and Answered

CPRA

Can I appeal a records request denial from State Medical Board?

I made a request to the California Medical Board for licensing application information. The Medical Board denied my request and offered no avenues for appeal. By my reading of relevant case law, and admittedly I am not a lawyer, this information is clearly not exempt from the Public Records Act. Are there avenues for […]

August 22, 2011
Latest News

Cases Press Release

FAC sues San Diego PD for records on controversial cell phone surveillance technology

[…] The IMSI-catcher technology is controversial because its sophisticated surveillance capabilities, while useful in criminal investigations, can also be misused in ways that infringe citizens’ privacy rights. For example, a Stingray deployed at the site of a political demonstration can detect, not only the phone of a legitimate subject of a legal investigation, but also […]
- Government Transparency and Accountability
- Public Records
December 17, 2014
Asked and Answered

First Amendment Protest Rights

Can private shopping malls restrict my right to protest?

[…] whether there is a right to access the recruiting office which transcends the right of the private shopping mall operators to remove us or have us arrested for "trespassing" in their mall. We are not planning any action which would interfere with Mall customers or with the actual operation of the recruiting office, but […]

June 14, 2009
Asked and Answered

CPRA

Does Brown Act apply to nonprofit and government agency overlap?

A nonprofit 501c3 foundation was set up to raise money for a public agency, incorporates the name of the agency into its name, uses the agency’s facilities and relies on the agency to act in the capacity of employer of its staff. Is it arguably a public agency, and as such subject to CPRA?

May 30, 2013
Latest News

Blog

A stunning end to the media’s 20-year losing streak in high court access cases.

[…] IFPTE, Local 21 v. Superior Court, that affirms the vital link between public access to information and democratic self-government. In the IFPTE case the Contra Costa Times newspaper had requested records showing the salaries, by name, of all Oakland public employees making more than $100,000 a year. Although the city of Oakland had released […]
- Government Transparency and Accountability
June 3, 2009
Asked and Answered

CPRA Police Records

Police deny request for 911 tape

[…] denied because it was not deemed contemporaneous. The denial was based on the 1993 Kuzar case. It is my understanding that case recognizes that forcing agencies to search for old records could saddle them with a heavy financial burden. But in this case, it’s likely the 911 tape is easily accessible. Also, if the […]

December 30, 2011
Asked and Answered

First Amendment Newsgathering

Anonymous Columnists

Does anything in the law compel a newspaper to divulge the identify of a columnist who prefers to remain anonymous? Are Realtors, or persons engaged in the Real Estate business restricted in the opinions they may express about real estate?

June 14, 2009
Asked and Answered

CPRA Police Records

Can I access history of code violations using the CPRA?

I filed a code violation complaint in 2005 because of hoarding and abandoned vehicles on a neighbor's easement. Many things have transpired since but I cannot get an answer to why the County did not simply warn the owner; clean up and bill him as muni. code states & as building inspector has told […]

June 4, 2013
Asked and Answered

CPRA

Are cast ballots public records?

Are cast ballots considered public records under the CPRA? These do not contain readily identifiable information as to whose ballot they are, if that matters. We are looking to request cast ballots in San Diego County that have had the Presidential candidate section redacted.

September 3, 2016
Asked and Answered

CPRA

Can I access teacher absentee rates at public school?

I am just wondering how I can find out the rate of teacher absenteeism at my school. This information seems to be difficult to find, and yet absenteeism has been a big issue for my daughter's education. She has been taught by substitute after substitute. Please advise as to what the source of this […]

March 18, 2010