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Government officials beware: the “private” emails you write today will be public tomorrow

[…] of day. In a case involving the city of San Jose, a Superior Court judge recently ruled that this legal subterfuge will not suffice to transform public records into the private, personal property of government officials. If an email sent by a public official is about government business, that's enough to bring it under […]
- Government Transparency and Accountability
- Public Records
April 24, 2013
Asked and Answered

CPRA

CPRA request for state agency’s contracts granted, but price-tag redacted

[…] Medical Insurance Board’s relationship with a particular company that supplies one type of specialized medical insurance for the state. I recently sent the Insurance Board a public records request for various documents, including a request for the state's contract with the firm. I was sent the contract but the contract amount was blotted out […]

March 25, 2013
Asked and Answered

Brown Act CPRA

Recording public’s comments in board minutes

[…] public comments made at the meetings. With respect to the letters addressed to the legislative bodies, the Brown Act makes such documents accessible under the California Public Records Act. Section 54957.5 of the Brown Act provides, in part: "(a) Notwithstanding Section 6255 or any other provisions of law, agendas of public meetings and any […]

June 14, 2009
Asked and Answered

CPRA

Are There National Security Exemptions Under CPRA?

I am a policy advocate working on a bill that would strengthen the California Public Records Act as it relates to government contracts and tax incentive programs. Recently, we have heard that there are concerns around national security when it comes to this bill. Thus, my question is--are there any existing national security protections […]

September 15, 2021
Latest News

Cases Press Release

FAC Sues Bakersfield For Open Meetings, Records Violations

[…] California law must be heard in public. The lawsuit, jointly filed with Californians Aware (CalAware) in Kern County Superior Court, also demands that the city release public records relating to the unlawful council sessions—records the city is required to disclose under the California Public Records Act but has failed to produce. The Bakersfield City […]
- Government Transparency and Accountability
- Public Meetings
December 22, 2017
Asked and Answered

CPRA Police Records

Police Reports, Public Record

[…] copies of police reports made by a neighbor regarding vandalism to his home. The reports should go back in time as far as 1989. The police department records assistant stated that police reports are not public record. However, various people in this city not associated as a police officer are able to review anything […]

June 14, 2009
Asked and Answered

Newsgathering

Recording a person without their knowledge

[…] have been completely private from the participants" in attendance. Sanders v. ABC, 20 Cal. 4th 907, 911, 915 (1999) ("a person may reasonably expect privacy against the electronic recording of a communication even though he or she had no reasonable expectation as to confidentiality of the communication's contents"). It is unclear whether the fact […]

June 14, 2009
Asked and Answered

CPRA

Are worker’s comp claims public documents?

Are worker's comp claims public documents, and, if so, can I file the standard public records' request with the local public institution involved?

July 27, 2011
Asked and Answered

CPRA

California Driver’s License Numbers and the CPRA

As you may know, California's Public Records Act provides that all documents created, owned, or maintained by a public agency are presumptively available for public inspection unless one of the PRA's exemptions applies. Govt. Code § 6253(a). One of the exemptions built into the PRA is for "personnel, medical, or similar files, the disclosure […]

June 14, 2009
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