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FAC Litigation Report: update on select current cases

[…] or phones. FAC argued to the full court that communications by government officials that relate to the public’s business must be released under the California Public Records Act, regardless of whether they are contained on government-owned emails accounts or phones. The California Court of Appeal previously decided to the contrary, and the California […]
- Government Transparency and Accountability
- Public Records
January 17, 2017
Asked and Answered

CPRA

Medi-Cal, Provider Rates, Confidentiality

[…] the type of Medi-Cal fiscal intermediary you reference below, the first step is to determine if it is a local agency for the purposes of the Public Records Act. The term "local agency" is defined at Government Code section 6252 and includes such entities as cities, counties, school districts, and any other "local public […]

June 14, 2009
Cases

Howey v. City of Fresno

FAC represented Brian Howey, an investigative journalist who was denied police use-of-force records while researching a story about police misconduct. CLOSED
- Government Transparency and Accountability
- Public Records
June 16, 2023
Asked and Answered

CPRA

Mayor’s appearance calendar

[…] in office. The case was Times Mirror Co. v. Superior Court, 53 Cal. 3d 1325 (1991). Even though this exemption is not listed in the California Public Records Act, the Court held it could be applied under section 6255 of the PRA, which allows government agencies to withhold public records from disclosure if the […]

June 14, 2009
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

Accessing A Prison Visit Audio Transcript in Maine

[…] asking for copies of the recorded phone calls. Unfortunately, we here at the hotline are not as familiar with Maine’s FOAA as we are with California’s public records laws. But I can tell you that based on my experience with other states’ open records laws, there’s a presumption that records held by the government […]

March 6, 2020
Asked and Answered

CPRA

Written correspondence to and from officials as public record

[…] and from public officials is generally considered to be a public record under the California Public Record Act and therefore subject to disclosure. Under the PRA, "public records" include "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 of […]

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

Online Sheriff’s Blotter

[…] this statement: "Due to security concerns, we have discontinued posting detailed inmate information on this website. Information required to be disclosed under Government Code section 6254(f)(1) of the California Public Records Act may be obtained by calling Inmate Records at (714) 647-4666." At the time I complained about this, since it was much slower than seeing the information […]

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