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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
Asked and Answered

CPRA

I’m applying to volunteer for the Sheriff’s Dept. Is that form subject to CPRA requests?

The starting point with respect to California’s Public Records Act is that a public record, which includes "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 physical form or characteristics," Gov’t Code section 6252(e), is presumed to be […]

November 16, 2015
Latest News

Blog

CFAC Update: Acting globally and locally: From internet censorship in China to a TRO against Atherton, CA

[…] Calaware because the anti-SLAPP law, we argue, can't be used as a defense against suits alleging violations of California's open-government laws: the Brown Act and the Public Records Act. We also argue that allowing the anti-SLAPP law to be used to cut short a First Amendment claim violates federal safeguards, applicable in state court […]
- Government Transparency and Accountability
June 3, 2009
Asked and Answered

Brown Act CPRA School Records

Charter schools and the CPRA

Many charter schools are required by their charter to comply with the Public Records Act and other laws. But in the absence of such a provision, whether the governing board of a charter school is subject to the Public Records Act depends on how the charter school was created and is operated. Because of […]

July 26, 2013
Asked and Answered

Newsgathering

Rules for Redactions in Florida Public Records

It appears that Florida’s statute, Fla. Stat. section 119, governs access to public records. Here is a link: You might want to first review this statute to see what it says about exemptions and redactions (see Section 119.07(d), which authorizes government personnel to redact information if the information falls within one of the statute’s […]

June 19, 2018
Asked and Answered

CPRA Police Records

Obtaining Copies of Video

[…] in possession of the videotape you reference. If the Metropolitan Transit System has possession of the video, you may want to submit a request under the Public Records Act ("PRA") for a copy of it. (A sample PRA request letter can be found on the CFAC website at the following link: https://firstamendmentcoalition.org/cpra-primer/sample-cpra-request-letter/.) Under the […]

June 14, 2009
Asked and Answered

CPRA

Releasing settlement information on a public employee’s termination

[…] not disclose "ersonnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy." Govt. Code Section 6254(c). With respect to disciplinary records of public employees, California courts have held that there is a strong public policy against disclosure of such records if the investigation revealed that the charges […]

June 14, 2009
Asked and Answered

CPRA

PRA Requested Documents Withheld Due to “Attorney-Client Privilege”

[…] Code of Civil procedure section 2018.030. As Cal Fire notes, the PRA does not require agencies to prepare a privilege log or other kind of index of records it is withholding. However, the burden is on the agency to show that an exemption applies. If Cal Fire’s letter to you did not provide sufficient […]

June 26, 2018
Asked and Answered

CPRA Police Records

Access to transcripts of 911 calls

[…] Angeles County 911 service and dispatched the CHP officer to the accident location. I have requested this document through the L.A City Arson Inv. Sec. Cust. of Records. They said that they can't release the call records unless the District Attorney approves it and that he may not respond. He has not responded. How […]

June 14, 2009