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Blog Cases

FAC sues Novato to compel release of secret emails

[…] the public," said Peter Scheer, FAC’s executive director. "Novato can’t keep them sealed up just because they might prove embarrassing to some city officials." FAC filed a request for records under the Public Records Act on June 7. The request sought copies of emails between the city planning department and two consulting firms, Victus and Sports Management Group, which […]
- Government Transparency and Accountability
- Public Records
July 13, 2016
Asked and Answered

CPRA

Boating Accidents and the CPRA

[…] the DA's office. The boater has never been prosecuted. The report indicates there were recorded statements taken by the deputies from the participants and several witnesses. We called the Sheriffs records division and asked if we could get copies of the statement tapes. They declined and stated we would have to get a subpoena. This matter is not […]

June 14, 2009
Asked and Answered

First Amendment Police Records

I couldn’t video tape my own arrest, but a reality show was allowed

[…] one that will not be retained by the agency, and public interest clearly favors secrecy. The second likely exemption, found in section 6254(f), exempts from disclosure: " records of complaints to, or investigations conducted by. . . the office of the Attorney General and the Department of Justice, and any state or local police […]

September 4, 2011
Posts

FAC, ACLU Letter in Support of Tuolumne County’s Proposed Repeal of Public Records Fee Ordinance

[…] urging it to repeal Chapter 3.44 of the Tuolumne County Ordinance Code, which allows the county to charge for staff time to search for, compile, and deliver records in response to California Public Records Act requests. The letter notes that while the county says it has not charged fees since 2019, the fees are […]
- Government Transparency and Accountability
- Public Records
February 5, 2024
Asked and Answered

Brown Act CPRA

Can I be charged for agenda-item documents?

[…] of a local agency by any person in connection with a matter subject to discussion or consideration at an open meeting of the body, are disclosable public records under the California Public Records Act ... and shall be made available upon request without delay"). The Act further provides: "If a writing that is a […]

October 20, 2011
Latest News

Cases

Amici Briefs Digest, Dec. 2017

[…] amicus brief in the Ninth Circuit Court of Appeals. It argues that the federal statute that authorizes National Security Letters --commonly used to obtain customer records from electronic communication service providers -- is unconstitutional because it requires a prior restraint in violation of the First Amendment. The statute, 18 U.S.C. §§ 2709, 3511, allows […]
December 8, 2017
Asked and Answered

CPRA

Traffic Accident and DMV Records

Under Public Records Act ("PRA"), public records (which 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 physical form or characteristics," Govt. Code Section 6252(e)), are open to the public unless a specific provision of the PRA […]

June 14, 2009
Asked and Answered

Newsgathering

Accessing the black hole of the CIA

I am a reporter, and I have a question re: FOIA requests for CIA files. Specifically, I would like the employment records of a local mayor who says she was a CIA operative for 31 years. But I'm worried that if I frame the request the wrong way, it will be denied, because I […]

June 14, 2009
Latest News

Blog

The “deliberative process privilege” is dead or, at best, on life support

[…] reliance is misplaced, however. The Times Mirror decision is a textbook case of judicial activism run amok. Unable to find an applicable exemption in the state Public Records Act, the Court concocted a new one, ruling that the governor could not be forced to disclose records that would reveal or reflect his "deliberative process" […]
June 2, 2009
Posts

A Guide to 2023 Open Meetings Law Changes

[…] the new law, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. AB/SB 189 requires that each […]

February 16, 2023