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Asked and Answered

CPRA

What Is The “Actual Cost” An Agency Can Charge For Fulfilling A Public Records Request?

Under the California Public Records Act ("PRA"), an agency can only charge for the "direct costs of duplication, or a statutory fee if applicable" when responding to a PRA request. Govt. Code section 6253(b). "Direct costs of duplication" has been interpreted narrowly, and one case specifically found an agency cannot charge for costs associated […]

April 10, 2020
Latest News

Blog Cases

In settlement with FAC, LA County Jail releases inmate visitor log, agrees to relax secrecy rule

[…] privacy-protection--the names of visitors to all jail inmates. Going forward, the state's biggest jail will apply a "presumption" of access when the requests (made under the Public Records Act) relate to public officials. FAC was represented in the litigation by Jean-Paul Jassy of Jassy Vick LLP in LA. The settlement grows out of a […]
- Government Transparency and Accountability
- Public Records
December 5, 2013
Asked and Answered

CPRA

Government Not Providing All Records Requested

My suggestion would be to perhaps write to the agency and simply ask whether you have been given all records that are responsive to your request, and clarify that you are seeking photographs from all the park ranger units. If you know the specific names of the different ranger divisions, you might even list […]

November 12, 2018
Latest News

Cases Press Release

FAC, Media Coalition Oppose Last-Ditch Effort to Gut Landmark Police Transparency Law

[…] California Supreme Court to oppose a police union’s effort to undermine the effectiveness of a new, landmark police transparency law. The law requires a wide range of records relating to police misconduct to be available to the public—a sweeping change in California law. Prior to the bill’s enactment in September, California was one of […]
- Government Transparency and Accountability
- Public Records
December 28, 2018
Latest News

Cases Press Release

FAC and ACLU of Northern California Welcome Mendocino County’s Repeal of Public Records Fee Ordinance

[…] 4507, which authorized the county to charge as much as $150/hour for staff time to locate, review, or redact documents people asked for under the California Public Records Act. The law, passed last July, received widespread condemnation from the public, journalists, and open government advocates. One local media organization, the Mendocino Voice, has been […]
- Government Transparency and Accountability
- Public Records
May 9, 2023
Asked and Answered

CPRA

Missing Records from Request

[…] me the final document, when in fact, at least 80- pages that were not proprietary were excluded. I have documentation. Can I sue under the Calif. Public Records Act? This represents a very big issue that is under the county's jurisdiction. I need an attorney who isn't going to give into the county or […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Public Records Non-Compliance, Filing Suit, and Non-Response

It is not clear to me whether the lack of response you discuss below is related to a request under the Public Records Act. If it is, then the options available, generally speaking, are the ones you note below. That is, you can try to bring the failure of the agency to comply with […]

June 14, 2009
Asked and Answered

CPRA

Confidentiality of CPRA requests

Are responses to Public Records Act requests confidential? Some allegations were made about a person by an employee of a public agency. They were printed in the newspaper. This person asked for copies of the documentation that the county employee had to support their allegations. The response to that person's PRA request was mailed […]

June 14, 2009
Asked and Answered

Brown Act

Should school superintendent’s goals be made in closed session?

[…] (emphasis added). Finally, it is worth noting that even though the Duval case suggests that the closed meeting you describe would not violate the Brown Act, written records of the goals may qualify as public records that are required to be disclosed under the Public Records Act (contrary to what the board president suggests, […]

April 13, 2012
Asked and Answered

FOIA

Making a FOIA request to the Dept. of Homeland Security

[…] required to follow promptly thereafter. The FOIA permits an agency to extend the time limits up to 10 days in "unusual circumstances" (i.e., the need to collect records from remote locations, review large numbers of records, and consult with other agencies). 5 U.S.C. § 552(a)(6)(B)(i). The agency is supposed to notify the requester whenever […]

July 11, 2011