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  • Asked and Answered

    Brown Act

    Does the Brown Act apply to volunteer fire company

    I am a member of a volunteer fire company and our tax status is a 501c4. Our tax return is part of the Public Records Act but is the rest of our records part of the same Act. We believe that we are not part of the Brown Act because we have none of […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Appeal of Superior Court Denial of Writ of Mandate Under Public Records Act

      I am litigating a public records act petition for writ of mandate in Superior Court. The tentative initially went in my favor, but after oral argument, the court reversed its position and denied my petition outright. I am considering an appeal. Are appeals of petitions for writ of mandate under the PRA discretionary, […]

    April 10, 2018

  • Asked and Answered

    CPRA

    Tax collector withholding documents

    […] authority for withholding the record or without giving you notice that it will extend its allowable time by 14 days (which, as explained below, the California Public Records Act "PRA" permits in unusual circumstances). What I suggest you do is to submit another request. Be sure to specify that this second request is being […]

    July 16, 2009

  • Pages

    About Us

    Legal Hotline The Legal Hotline gives users free access to FAC’s experts for questions about access to public records, public meetings and a range of First Amendment topics. Asked & Answered A&A is a searchable database of questions posed by users about their rights under open government laws, and first amendment safeguards that have […]

    June 12, 2024

  • Latest News

    Blog

    1st Amendment unravels plans to hide Cosby transcript, police-shooting video

    […] But . . . but . . .the lawyers may not have fully taken into account the First Amendment, which provides a right of access to judicial records (and also judicial proceedings). Although it’s true that litigants, in settling a case, are generally free to agree between themselves that they won’t assert certain rights, […]

    July 21, 2015

  • Asked and Answered

    Bagley-Keene Act CPRA

    The California Bar and CPRA

    Is the California Bar subject to the California Public Records Act or any similar open access law?

    June 14, 2009

  • Asked and Answered

    CPRA

    Are draft reports exempt under CPRA?

    I have put in a public records request for a report done about the police dept. They have denied my request saying it a draft. The report has been around since August and read by the police chief, city managers office and other members of city staff. Do I have the right to access […]

    February 17, 2011

  • Asked and Answered

    CPRA Police Records

    Police Reports and the CPRA

    […] of police reports.  In a case called Williams v. Superior Court, 5 Cal. 4th 337 (1993), the California Supreme Court said that, in enacting the California Public Records Act (CPRA), "the state Legislature ... limited the CPRA's exemption for law enforcement investigatory files," in Government Code §  6254(f), "by requiring agencies to disclose specific […]

    June 14, 2009

  • Asked and Answered

    CPRA

    What penalties have local governments faced for violating the CPRA?

    It is admirable that you are training your employees in how to respond to Public Records Act requests.  In general, it seems that agencies that take the time to ensure their employees are familiar with the Act and its requirements are ahead of the curve in ensuring the agency complies with the law in […]

    September 16, 2015