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  • Posts

    Press Rights

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

    […] 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, "To hell with her" followed by an insult. Wheeler's email, documented in an image published by the reporter, the Fresno Bee's Yesenia Amaro, was […]

    January 22, 2021

  • Asked and Answered

    Police Records

    Police Department in New Jersey Won’t Release Report on a Family Member’s Death

    New Jersey’s Open Public Records Act provides that "government records shall be readily accessible for inspection, copying, or examination by the citizens of this State, with certain exceptions, for the protection of the public interest, and any limitations on the right of access … shall be construed in favor of the public’s right of […]

    August 22, 2020

  • Asked and Answered

    CPRA School Records

    School personnel campaigning on public dime

    Members of the public can request public records directly without any legal assistance.California's Public Records Act is designed to allow members of the public inspect documents related to the government's handling of the public business and does not require much at all in the way of formalities.There is not even a requirement that requests […]

    October 27, 2010

  • Asked and Answered

    FOIA

    Foreign Officials, Detention, Privacy, and the Freedom of Information Act

    The federal Freedom of Information Act is the mechanism for obtaining public records from the federal government (not including Congress or the courts).  See http://foia.state.gov/foia.asp for text of FOIA. Although many public records are available from federal agencies under FOIA, the Act contains exemptions providing that some categories of records are not subject to […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Providing Requestor’s Name, Personal Information

    If you walk into an agency and ask to see a particular record or records, I am not aware of any requirement that you provide your name or other identifying information in order to view the records. However, as a practical matter, if you are submitting a request in writing the agency may need […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Can an agency’s CPRA defense go beyond the exemptions in the initial denial?

    I was recently denied government records based on a single specific exemption to the California Public Records Act. I truly believe these records should be public so I filed a lawsuit myself to compel disclosure. After serving the lawsuit, the head of the agency informed me during a meeting that they may defend the […]

    September 16, 2010

  • Asked and Answered

    Brown Act

    Proprietary information in the public record

    […] individuals submitting proposals -- such as architectural design proposals for a new building -- that the drawings included in those proposals will become part of the public records and can be reproduced, etc., by members of the press and public, in which case the designer, by submitting the proposal, essentially grants a license for […]

    June 14, 2009