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Asked and Answered

CPRA School Records

Accessing a public employee’s resume

[…] conducted an investigation and concluded the employee was guilty. We heard rumors that the employee was disciplined by the university. My questions are: 1. Is the disciplinary action on the employee by the university public record? 2. Is the employee's resume public record? 3. Is the conclusion of chancellor's investigation public record? If so, […]

June 14, 2009
Asked and Answered

Court Records CPRA Police Records

Denied access to supervision records of high-risk parolee

[…] records of supervision for a high-risk parolee who is accused of murder. I sent a public records request and received a rejection letter that cites dozens of government codes in its defense. But I wonder if there's a way to fight that rejection. After all, that information has become public in several high-profile cases […]

November 30, 2011
Asked and Answered

CPRA

Public Agency claims investigation files are exempt PRA

[…] I was informed the case was closed. I asked for access to their files of the investigation and was informed that it was exempt from disclosure California Government Code § 6254 (f). My interpretation of the statute is that it refers to law enforcement alone and not every public agency. I have argued that […]

December 13, 2014
Latest News

Responses to Peter Scheer’s Commentary on Vallejo’s Bankruptcy

[…] models secret is inexcusable. -Kevin Cummins Encinitas, CA From The Huffington Post: - A suggestion for a different way to fund public employee pensions: instead of the government entity gauranteeing a specific monthly dollar amount in retirement, to be paid out of tax income, have the government entity pay a negotiated amount into a […]

June 2, 2009
Asked and Answered

CPRA

County Ignores My Requests For Public Records

[…] neighborhood. What CDA did was inflate the neighborhood average size, the part that is taxed, to make their project appear average. It took my California Public Records Act requests to expose some of their doing, but they are now refusing to provide any more. I have submitted requests to the County Administrator and Board […]

August 7, 2020
Asked and Answered

First Amendment

Yelp violates right to freedom of speech by “filtering” good reviews out, leaving bad ones in!

[…] not be useful to invoke the First Amendment in this situation. The reason for this is that, generally speaking, the First Amendment governs speech restrictions imposed by government actors rather than private parties. That is, the First Amendment might preclude a government agency from interfering with my handing out flyers in a public square, […]

May 16, 2012
Asked and Answered

Bagley-Keene Act Newsgathering

Arrested at meeting for commenting on no-public-comment rule

As you may know, the general remedy under the Bagley-Keene Act, California's open meeting law that applies to state agencies, is nullification of an action taken in violation of the Act or a declaration that a particular act violated the Act.See Gov't Code sections 11123(a) and 11130.3(a). It sounds like the suit you contemplate […]

July 2, 2010
Asked and Answered

CPRA Police Records

Can I access history of code violations using the CPRA?

[…] other state or local agency for correctional, law enforcement, or licensing purposes." Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation. Public Records

June 4, 2013
Asked and Answered

CPRA

Outside City Lawsuit Settlements

[…] earlier this year about the City's obligation to make the settlement agreement public, under the Public Records Act ("PRA"), records in the possession of state and local government entities are presumed to be public unless one of the PRA's enumerated exemptions to disclosure applies. See Cal Govt Code Section 6252. I know of no […]

June 14, 2009
Asked and Answered

CPRA

CPRA request denied for city employee’s college grades

[…] Act (FERPA), 20 USC section 1232g; 34 CFR Part 99, is a federal law that sharply limits the ability of educational institutions receiving funds form the federal government -- which is essentially all public and private educational institutions in the country -- from releasing student academic records without the consent of the adult student […]

June 7, 2013