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Asked and Answered

CPRA

Police Deny Request for Previously Public Statement Claiming Exemptions

Unfortunately, under California’s Public Records Act, police investigatory records are exempt from disclosure under Government Code § 6254(f), which exempts "records of complaints to, or investigations conducted by, or records of intelligence information or security procedures…or security files compiled by any other state or local police agency, or any investigatory or security files compiled […]

May 15, 2019
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Planned Giving Legacy Society

Like your everyday actions, your charitable gifts have an impact on others. Perhaps you have considered a charitable legacy to continue your philanthropy beyond your lifetime, to have your family remembered, and your philanthropy is woven into the lives of others. With a legacy gift, you can. We invite you to make your philanthropy […]

July 26, 2024
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Press Rights

FAC Writes in Support of Reporter Disparaged By Elected Official Following Public Records Request

[…] and Public Trust of Fresno State today called on a California public official to apologize for insulting a reporter and to take seriously his obligations under open- government laws. The letter to Tom Wheeler, a member of the Madera County Board of Supervisors, comes after Wheeler responded to a reporter's public records request with, […]
- Press Freedom
- Public Records
January 22, 2021
Asked and Answered

Brown Act CPRA Newsgathering

Police dispatch calls

It wouldn't appear that you have any basis for challenging this under California law. The public records act only covers writings, not oral communications. Government Code section 6252(d). And such police communications would not constitute meetings that are a required to be open to the public under the Brown Act. I'm not currently aware […]

June 14, 2009
Latest News

FAC News Press Release

Mel Opotowsky, 1931-2024

[…] few thousand dollars to what it is today: a robust and growing organization with a professional staff that shapes public policy, fights important court battles on open- government and First Amendment issues, and trains and educates journalists and others across the state. Mel, a journalist his entire working life, was still plying his trade […]

April 26, 2024
Asked and Answered

CPRA

Is it legal to charge fees for viewing a transcript?

[…] attorneys' fees are available should you be required to take court action. Holme Roberts & Owen 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.

October 21, 2011
Asked and Answered

CPRA

Access to names of applicants to official positions

[…] are only asking for the names. Disclosure of the names alone will not have any deterrent effect. If it does, these people have no place applying for government positions. Second, Proposition 59, passed last November, was designed to reverse those two cases I just mentioned. You can download the language of the proposition and […]

June 14, 2009
Asked and Answered

CPRA Police Records

Traffic Citations and the CPRA

[…] the arrest "records" themselves, see Williams v. Superior Court (1993) 5 Cal.4th 337, 348, 360-361). However, Sec. 6254(f) does provide that a state or local police agency must disclose certain information about their investigation of an "incident," including the "names and addresses of persons involved," witnesses, description of property involved, the date, time and […]

June 14, 2009
Asked and Answered

CPRA

Can I access recordings made by the LA Dept. of Animal Services?

[…] 6252(g). Thus, presumptively the recording would be subject to disclosure, unless some exemption applies. 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.

November 15, 2014
Asked and Answered

Court Records

Is It Legal to Publish Personal Information Found in Court Documents?

[…] other information published on the website of the Secretary of State containing the principal location of the corporation run by the subject of our investigation, as well as the home addresses of its Officers, Secretary, etc. May we publish these governmental documents as well or would the best tactic be to redact that personal information?

April 21, 2022