Search Results for: 6253(c) days – Page 2

A&A: Coastal Permit access under PRA

Q: I am looking to acquire a copy of Coastal Permit (4-90-9 A-1). Please advise. A: Coastal permits held by a state or local agency would presumptively be subject to disclosure under the Public Records Act, so obtaining a copy of the permit that you seek probably requires making a simple request for it from the agency.  You might first check the agency’s website to see if it has some sort of streamlined procedure for requesting documents such

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A&A: State Public Health Department Withholding Public Inspection Records

Q: I called and reported a radiation exam concern last year to my state’s public health department. After months of trying to obtain the results of the inspection report, I was told I had to submit my request online which I then did. The report lacked specificity and appeared to be lacking all of the information. I then requested public records for a period of 5 years on the machine used. I received a statement stating

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A&A: Accessing public employee timesheets

Q: I am seeking to obtain the time sheets (dates and hours worked) of a particular part-time city administrator. Are  time sheets public records that can be accessed to the extent that only the days worked are being requested, (NOT the days absent, days off, vacation/sick time)? A: Under the PRA, “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless

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CPRA request response time

CPRA request response time Q: I recently submitted a request for records under the California Public Records Act to a State University. I issued the request in hard format to the University and had the secretary date, stamp it and make a copy for me. I have not heard back from the University. According to the law they are required to notify me within ten business days. I called much later and they had no

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A&A: Agency missed CPRA request deadline

Q: On August 18, 2010, I submitted a public records request. I received a response stating that they will take 60-90 days to provide the records. In GC 6250 …an extension can only be for 14 days. What do I do now? Who would I contact regarding this non-compliance? A: You are correct that California’s Public Records Act provides that records must be made available for inspection during an agency’s office hours and that copies

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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: 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: Can An Agency Extend Response to a CPRA Request Up to Eight Weeks Due to Covid?

Q: I received a response to a CPRA request notifying me that I would likely not receive a response for eight weeks. Is this extended window consistent with the PRA? If it is not, what remedies are available to me? [This questions was submitted in 2021 amid the coronavirus pandemic.) A: Although the agency has a right to a 14-day extension of the usual 10-day response period for a California Public Records Act (“CPRA”) request,

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Court response time to CPRA

Court response time to CPRA Q: What should be the typical response time on the day a request is received for a criminal complaint? The California Public Records Act says 10 days but upon written notice an additional 14 days if the request is voluminous ?6253(c) Does this time limit apply for requests sent by mail?I have typically received responses within 3 weeks of sending my requests using FedEx Air or USPS Express mail. But

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A&A: Does CA have a public records ombudsman?

Q: I sent a public records request to the CA DMV and they were required to respond with 10 days. It’s been a month and have not yet had a response. Is there a public records ombudsman I can notify? A: Unfortunately, unlike some states, California does not have an ombudsman to help facilitate public records requests where an agency is not fulfilling its statutory duties under the Public Records Act.  In situations such as yours, I usually

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A&A: School District Delays CPRA Response Beyond the Hearing Date For Which Documents Are Needed

Q: I filed a public record request with three school districts. The documents requested would provide additional information and insight to aid a special education student with whom the districts are currently engaged in due-process hearings. I received an initial reply extending their reply for 15 days. In an effort of good faith, I did not protest the extension. Now I have received a second response, again extending their deadline for another month, past the

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A&A: Can I use the Sunshine Act to access to state-controlled information?

Q: Under California Proposition 59 (The Sunshine Act) I would like to formally petition the state of California for state-controlled information. Can I ask you to please advise: What state agency has this form and can send it to me? A: Proposition 59 amended the California Constitution to add greater access to government records and meetings.  You can find more information regarding Proposition 59 on the FAC website here: CA Proposition 59. However, if you seek records

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A&A: County Ignores My Requests For Public Records

Q: I have had a long-running battle with the county’s Community Development Agency on them altering Tax Assessor real estate records in order to approve an out-of-proportion large new house construction. CDA rules dictate new houses have to be average to the 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

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A&A: How Do I Determine If The Documents I Need Are Accessible By Making A CPRA Request?

Q: I’m researching uses of force with the LA County Probation Department at juvenile halls and had questions about what kind of information is public vs. private.  A: Making a request for records under California’s Public Records Act would be a natural starting point in your search.  Under California’s Public Records Act, “‘[p]ublic records’ includes any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or

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Minutes deadline

Minutes deadline Q: Does a City have a timeframe within which it must provide a record (minutes) of Council Meetings?  I am having difficulty in obtaining (being allowed to inspect) minutes from 3 months ago? The city indicates they are not “ready.” A: The minutes of an open meeting subject to the Brown Act, which applies to the meetings of legislative bodies of local agencies, are public records and therefore subject to inspection by the

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Sample CPRA request letter

resources ACCESS TO RECORDS Sample CPRA Request Letter Menu | Access to Records Download CPRA Sample Letter Date Name and Title [of the official with custody of the records] Name of Agency Address RE: Public Records Act Request  Dear, I am requesting access to records in possession or control of the [insert government entity] for the purposes of inspection and copying pursuant to the California Public Records Act, California Government Code § 6250 et seq.

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A&A: Attempting to access phone call recordings made from jail

A: I want to request a copy of the recordings or transcripts of phone calls placed by an inmate at the County Jail. Are there cases or laws that I can use in my request to argue for releasing this media? [su_button url=”https://firstamendmentcoalition.org/legal-hotline” target=”blank” style=”flat” background=”#23a0f3″ color=”#111010″ size=”5″ wide=”yes” center=”yes” radius=”0″ desc=”Click Here!” class=”div { font-size:x-small; }”]Denied public records? Ask FAC’s free Legal Hotline for help![/su_button] Q: Under the California Public Records Act (“PRA”), public records —

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Complaints, and Public Record

Complaints, and Public Record Q: My city’s Code Enforcement department has many pages of complaints about the building in which I’m living. I am collecting documentation, and I would like a copy of the pages (I think there are 5) of complaints they’ve had about this building. I imagine that these are public record, as Code Enforcement is a public department, but I want to be sure. These complaints are public record, correct? Is there

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A&A: Request for police surveillance records met with 90-day delay

Q: Our watchdog organization submitted a PRA request on three months ago for copies of audio and visual surveillance recordings made during a political demonstration. Within 10 days we received a response saying that we would get all ”releasable” items within 90 days. I have twice called, and left messages for the officer who responded to this request, with no response from him. Simply, 90 days being much more than the time allowed by law,

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