Search Results for: 6253(b) copy – Page 2

Duplication fees for non-paper records

Duplication fees for non-paper records Q: Our School District Board/Superintendent is charging for labor costs of making a CD copy of each monthly/special board meeting. I understand that the Cal. Gov\’t. Code Section 6253(b) indicates that such charges (i.e., labor costs for recording the CD copy) is not permitted. I have been round and round with the Board/Superintendent about these excessive charges for the past year. They say that the District Counsel has supported them

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A&A:Fire Department Mishandled Response to CPRA Request

Q:  I submitted a Public Records Act request to the metro Fire Department on an employee misconduct and abuse of power case which was captured on video. It was submitted on Oct 17, 2017. The department did not respond by Oct 27 as dictated by the 6253(c). On Nov 6, 2017. I contacted the department and they responded that the clerk who received the request on Oct 17th told me it would take longer. I responded

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A&A: Public records request run around from housing authority

Q: We requested a copy of a payment performance bond from the city’s Housing Authority for a general contractor that we did work for as a sub. We also requested a copy of the contract and were told we would have to pay for it and it could take 2-3 weeks. We are trying to obtain this information because the general contractor has not paid us and we need this information to try and get

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A&A: Charged a fee for viewing documents? Is that legal?

My non-profit organization is being charged a fee to view parole hearing transcripts–not copy, simply view. We also have been told we will be charged to view the Parole Board’s response to a public hearing. We would like an opinion on the legality of this policy A: Under the Public Records Act, “[p]ublic records are open to inspection at all times during the office hours of the state or local agency and every person has

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Acceptable fees for public records

Acceptable fees for public records Q: I live in a County Waterworks District. When I have asked for information in regards to the operation of the District, The County tells me the District will be charged for the time it takes to provide the information. The request is for 10 pages or less of information. I have offered to pay for the actual copying. I was told the District would be billed 75.00+ for staff

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A&A: Can a fee be charged for requesting public documents held in storage?

Q: I recently submitted a Public Records Act request in my city.  I have just been told that I will be charged a $33.25 fee for retrieving documents from storage.  Is this legal?  It certainly does not seem consistent with the PRA documentation I have read. A: The city may argue that charges for retrieval are based on the allowance of a “statutory fee” under Government Code § 6253(b).  However, California courts have not ruled on what constitutes a “statutory fee.” 

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Must I pay for copying in advance?

Must I pay for copying in advance? Q: I recently received a reply to a public records request. I am concerned by a line in the letter that requires advance payment for copies of public records. This is fully reasonable if the agency tells the requestor the amount owed, and requires payment, before the documents are photocopied. However, I just heard a horror story of a state agency requiring hundreds of dollars as an up

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A&A: Can An Agency Charge Fees for Inspecting Public Records?

Q: I am inquiring whether agencies can charge you to inspect e-mails or get copies of e-mails based on Government Code section 6253.9(b)?  Are they allowed to use rule of cost to construct a record, and the cost of programming and computer services necessary to produce a copy of the record, for the charging of e-mails either to inspect them or get copies of them? A: Yes, fees may be charged for obtaining a copy an

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A&A: City’s Update Letters Not Shared With Public Until A Week After Release to Staff & Council

Q: For the past couple of years, the city manager sends a weekly update letter to the council & other staff. The letter goes out on Thursday each week. I have requested to receive this letter on the same date as the staff and council receive it, but they purposely wait seven days to send it to me saying that it is under the 10-day rule. I have sent them the section of California law where if

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A&A: School district claims too busy to fulfill document request

Q: I have made numerous attempts to view board meeting minutes, a contract with a specific vendor, payment documents to that vendor, and the names of the other bidders who were not selected for the position at the School District offices. Each time they sent me away saying that they were too busy to get the documents for me, and I would have to send them a written request, which I did. Even so, they

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A&A: What rules must agencies follow when redacting public documents?

I’d like to inquire as to the public’s right of access to public records which contain some information an agency either must or may redact. Specifically:  May the public demand access to records and use their own equipment to reproduce or image (e.g. camera, scanner) the records?  May an agency charge a fee for access to records if no copy/reproduction is requested yet the agency must or chooses to redact some information from the responsive

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A&A: How to access Health & Safety building layout plans

Q: I need copies of site plans and store layout plans for evidence in a Planning Commission Appeal. I am aware of Health & Safety Code Section 19851 requiring permission from an architect. However, how does the Records Act affect 19851. Is my assumption that the City needs to disclose emails on specific subjects correct? A: It sounds like you know that California’s Health and Safety Code requires city and county building departments to maintain

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A&A:City wants me to pay to see report on fire at my house

Q: I just requested an incident report from the Fire Department relating to a fire at my property. They wanted to charge me $16 just to view the record, and said that they had been authorized to do so by the City Council.  Is this legal?  GovC 6253(b) authorizes charges “… of fees covering direct costs of duplication, or a statutory fee if applicable.”  Does a city council resolution and ordinance authorizing the $16 fee

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A&A: Am I allowed to make my own copies instead of paying the agency fees?

Q: A local government agency has allowed me to inspect public records per a PRA request, but refuses to allow me to make copies at my own expense. Instead they maintain the position that my rights end at inspection and I would need to pay them to make any copies. Are you aware of any case(s) or statute(s) which support this position? A: With respect to copies, the Public Records Act, at Govt. Code section

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A&A:Denied access to county’s seismic studies

Q: I have been seeking access to seismic studies performed as part of the county’s subway extension process but my request has been denied. I would like to make the request under the FOIA. How should I do this? Does the County have its own FOIA? A: Since it sounds like the agency you are seeking records from is a local agency, as opposed to a federal agency, you would probably want to make your

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A&A: Does an email search qualify as “data compilation” under CPRA?

Q: A local agency claims that collecting emails via a search term falls under the “data compilation” clause of CPRA 6253.9(b)(2) and therefore they can charge me to inspect them. Is the agency correct? A: The agency’s contention that the data compilation provision allowing fees for these tasks applies to its search for emails is, indeed, novel.  Looking at the plain text of Gov’t Code § 6253.9(b)(2), it is clear that such fees for the production

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A&A: Did Prop. 42 eliminate fees for public records?

Q: I’m trying to find out whether Prop 42 now requires local agencies to provide free access to public records or whether they are still allowed to charge for copies. Thank you, A: I do not read Prop. 42 as prohibiting public agencies from charging a reasonable fee to cover the direct cost of duplication of a public records, as permitted under Gov’t Code § 6253(b).  Please note that the Public Records Act has never permitted

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Access to Coroner’s Files

Access to Coroner’s Files Q: I sent the following request to the LA County Coroner’s office, asking for information. Their refusal to cooperate is reproduced after my original letter. Am I entitled to any of the information I requested? A: It may be that you are entitled to certain records related to the issues you raised with the coroner’s office under California’s Public Records Act.  This Act, Govt. Code Section 6260, et seq., provides that

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Are oral CPRA requests permitted?

Are oral CPRA requests permitted? Q: I’m new to public records laws in California, and curious if you can help. What is the requirement in California for initiating that inquiry? Do I need to send a written request, or is a verbal request deemed to have the same weight? A: Under the California Public Records Act, Government Code § 6250 et seq., an oral request for records is permitted.  Government Code section 6253(a) provides that

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A&A: Can a records request be denied in California over fear of the public being misinformed?

Q: Are there any California Public Records Act cases that allow or disallow the withholding of records under CA Gov. Code Section 6255, based on the danger of the public being misinformed by the disclosure? A: We are unaware of any cases holding that a danger of misleading the public is valid grounds for withholding a record. As you know, the “catch-all” exemption of § 6255 only applies if the agency can demonstrate that “on the

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