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Asked and Answered

CPRA Police Records

Jail Files of Prisoner Suicide

Under the California Public Records Act, Government Code section 6250 et seq., records maintained by public agencies are presumptively available for public inspection and copying unless one of the Act's exemptions applies. In this case, that exemption that likely applies is found in section 6254(f), which exempts "records of investigations" as well as "investigatory […]

June 14, 2009
Latest News

California Reporting Project Wins 2019 FAC Award for Police Accountability Coverage

[…] Reporting Project is the recipient of the 2019 Free Speech & Open Government Award, given in recognition of the project’s groundbreaking statewide campaign to bring to light records of police misconduct.The project, an unprecedented collaboration of competing newsrooms, started as a cooperative effort between the Bay Area News Group/Southern California News Group, Capital Public […]

December 2, 2019
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

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

Brown Act CPRA

Internal audit reports and the CPRA

[…] open session. These reports are not made available during the meeting when requested. These reports are not available for inspection when requested. When I requested the reports, I was told the internal audit reports are not Public Records. I require guidance on possible reason/s these reports would not be subject to either Brown or PRA.

June 14, 2009
Asked and Answered

CPRA

Accessing complaints to public agencies

As you may know, under California's Public Records Act, the public has a right to inspect and obtain copies of documents collected or maintained by state or local agencies unless a particular exemption of the PRA or other law authorizes the agency to withhold the record. The PRA requires agencies to provide the documents […]

June 14, 2009
Latest News

Press Release

FAC Prevails in Effort to Force CA Attorney General to Disclose Police Misconduct Files

[…] the Attorney General’s claim that he could not release pre-2019 files until the courts decided whether SB 1421 was "retroactive," i.e., whether it required the disclosure of records created before the bill went into effect. Indeed, that issue has already been resolved, specifically by the California Court of Appeal, which as Ulmer noted is […]
- Government Transparency and Accountability
- Public Records
May 17, 2019
Latest News

FAC News Press Release

Journalists Thomas Peele & Caroline Titus named 2016 FAC Award Winners

[…] contestants will be honored, one representing a mainstream news organization, and the other representing small-scale community journalism. What they share is their diligence in pursuit of access to public records in order to report stories that advance government transparency and "the people’s right to know." The winners are journalists Thomas Peele and Caroline Titus. The following […]
- Government Transparency and Accountability
- Public Records
November 29, 2016
Asked and Answered

CPRA Police Records

Can I access history of code violations using the CPRA?

You would indeed request the records under the Public Records Act, Govt. Code section 6250 et seq. There is extensive information about the Public Records Act on First Amendment Coalition's website. Go to the Public Records page where you'll find many resources on the CPRA including: Primer on using the Public Records Act and […]

June 4, 2013
Asked and Answered

CPRA FOIA

Preliminary Data from FEMA as Requested by the City

Since the records at issue were created by a federal agency and apparently maintained by a local agency, you may have rights of access under either the FOIA (to the extent you are requesting the records from FEMA) or the Public Records Act (to the extent you are requesting the records from the City. […]

June 14, 2009