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Showing 71 - 80 of 141 results

  • Asked and Answered

    CPRA

    The CPRA…

    […] improper denial is to initiate litigation.  It is sometimes helpful to remind the agencies that the prevailing parties in a PRA litigation are entitled to their attorneys' fees.  Govt. Code § 6259(d) ("The court shall award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Releasing settlement information on a public employee’s termination

    […] improper denial is to initiate litigation.  It is sometimes helpful to remind the agencies that the prevailing parties in a PRA litigation are entitled to their attorneys' fees.  Govt. Code § 6259(d) ("The court shall award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Does the CPRA allow use of iPhone to photograph public records?

    […] . . shall make the records promptly available upon payment of fees covering the direct costs of duplication, or a statutory fee if applicable" Govt. Code section 6253(b). Nothing in the law either requires or forbids the agency from permitting private individuals from making their own copies of such records with a camera, scanner or […]

    January 9, 2013

  • Asked and Answered

    CPRA

    Agency missed CPRA request deadline

    […] available for inspection during an agency's office hours and that copies of public records must be made available "promptly" upon payment of any duplication fees.Govt. Code Section 6253(b). The PRA directs agencies to determine whether a request calls for the production of public records "within 10 days from receipt of the request," but does permit […]

    October 12, 2010

  • Asked and Answered

    CPRA

    A Can the city legally refuse to fulfill my request unless I use their form?

    […] request that reasonably describes identifiable records.  Id. at § 6253.1.  If the City refuses to provide records under the Act, the ultimate recourse is filing a lawsuit, and attorneys’ fees are available to a plaintiff who prevails in litigation filed pursuant to the Act.  Id. at § 6259(d) If using the specific form will expedite the processing […]

    August 13, 2015

  • Asked and Answered

    CPRA

    Agency claims my CPRA requests via email are “not public records act request”

    […] or records," then it seems that the agency is obligated to respond to those requests under the provisions outlined in the Public Records Act. Gov't Code § 6253(b). As to your second inquiry re a request for information vs. a request for records, I agree that the Attorney General's Summary of the California Public Records […]

    March 30, 2012

  • Asked and Answered

    CPRA

    Same fees assessed for electronic data as photocopies

    […] I don’t think the 25 cents per page is representative of direct costs of duplication and I’m not sure if the estimate is legal. I’ve gone back and forth on this and I would really appreciate if someone could help me understand whether the county can legally assess these kinds of fees for public records.

    March 23, 2012

  • Asked and Answered

    CPRA

    Did Prop. 42 eliminate fees for public records?

    […] Prop. 42 as prohibiting public agencies from charging a reasonable fee to cover the direct cost of duplication of a public records, as permitted under Gov’t Code § 6253(b).  Please note that the Public Records Act has never permitted an agency to charge a member of the public to simply inspect public records, nor does it […]

    October 12, 2014

  • Asked and Answered

    CPRA

    How can copy fees vary from agency to agency?

    […] shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable." Govt. Code section 6253(b). Agencies are thus permitted to charge only for the actual costs of duplication, and must calculate the costs based on its actual costs.  Although this amount will […]

    September 5, 2011