Search Results for: 6253(c) days – Page 3

A&A: Utility District board member access to agenda information

Q: I am a board member at my local Public Utility District. I requested information on an agenda item and did not receive it. I submitted questions for response and was denied. During the meeting I could not get any questions answered. Do have any advice as to what I can do? [su_button url=”https://firstamendmentcoalition.org/legal-hotline” target=”blank” style=”flat” background=”#7da1fa” color=”#0b0707″ size=”5″ wide=”yes” center=”yes” radius=”0″ desc=”Click Here!” class=”div { font-size:x-small; }”]Have a Brown Act question? Ask FAC’s free Legal

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Court response time to CPRA

Court response time to CPRA Q: What should be the typical response time on the day a request is received for a criminal complaint? The California Public Records Act says 10 days but upon written notice an additional 14 days if the request is voluminous ?6253(c) Does this time limit apply for requests sent by mail?I have typically received responses within 3 weeks of sending my requests using FedEx Air or USPS Express mail. But

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CPRA request response time

CPRA request response time Q: I recently submitted a request for records under the California Public Records Act to a State University. I issued the request in hard format to the University and had the secretary date, stamp it and make a copy for me. I have not heard back from the University. According to the law they are required to notify me within ten business days. I called much later and they had no

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Sample Letter : Police Records

Police transparency Guide Sample Letter | RecordS Download Police Transparency Guide Sample Letter | SB 1421 Records Sample Public Records Act request seeking information about police conduct accessible under Senate Bill 1421 DateName and title [of the official/agency with custody of the records]Name of AgencyAddress RE: Public Records Act Request Dear ___________, I am requesting access to records in possession or control of the [insert government entity] pursuant to the California Public Records Act, Government

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Complaints, and Public Record

Complaints, and Public Record Q: My city’s Code Enforcement department has many pages of complaints about the building in which I’m living. I am collecting documentation, and I would like a copy of the pages (I think there are 5) of complaints they’ve had about this building. I imagine that these are public record, as Code Enforcement is a public department, but I want to be sure. These complaints are public record, correct? Is there

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A&A: Are Citizen Bond Oversight Committee Applications Public Records?

Q: I submitted a CPRA for completed/submitted applications of Citizen Bond Oversight Committee members, however, the school district denied “the request stating my request for the completed applications are protected from disclosure pursuant to Government Code section 6254(c), disclosure of which would constitute an unwarranted invasion of personal privacy.” I reviewed the government code and think it does not apply to the CBOC members since they are volunteers and not personnel. Would you be able

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A&A: How to access Health & Safety building layout plans

Q: I need copies of site plans and store layout plans for evidence in a Planning Commission Appeal. I am aware of Health & Safety Code Section 19851 requiring permission from an architect. However, how does the Records Act affect 19851. Is my assumption that the City needs to disclose emails on specific subjects correct? A: It sounds like you know that California’s Health and Safety Code requires city and county building departments to maintain

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A&A: Blanket Denial of CPRA Requests from Law Enforcement Agency

Q: I recently filed several California Public Records Act requests with a local police department. Some were fulfilled, some were blanket denied. I was hoping I could get some advice on where to go next to help further my reporting into the matter. A: For the record requests that were denied, you may want to consider writing a follow up letter to the agency asking why the records were denied and which exemptions to the

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A&A: Does CA have a public records ombudsman?

Q: I sent a public records request to the CA DMV and they were required to respond with 10 days. It’s been a month and have not yet had a response. Is there a public records ombudsman I can notify? A: Unfortunately, unlike some states, California does not have an ombudsman to help facilitate public records requests where an agency is not fulfilling its statutory duties under the Public Records Act.  In situations such as yours, I usually

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A&A: Agency missed CPRA request deadline

Q: On August 18, 2010, I submitted a public records request. I received a response stating that they will take 60-90 days to provide the records. In GC 6250 …an extension can only be for 14 days. What do I do now? Who would I contact regarding this non-compliance? A: You are correct that California’s Public Records Act provides that records must be made available for inspection during an agency’s office hours and that copies

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Planning Commissions, Confidential Complaints, and the CPRA

Planning Commissions, Confidential Complaints, and the CPRA Q: At a Planning Commission in our city an applicant applied for a variance regarding the height of a fence as a result of a complaint. Prior to the hearing a Planning Commissioner revealed that she was the complainant and was stepping down from the hearing. Another Planning Commioner evidently found out who had made the complaint. This Planning Commissioner has taken it upon herself to have filed

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A&A: CA Medical Board non-responsive to PRA request

Q: I am a volunteer patient safety advocate in California. I have been trying to get a series of document from the Medical Board of California (and their parent the Department of Consumer Affairs) through public records requests. I think I’ve only received one document, and it wasn’t the document I requested, and the document they sent had whole sections missing and a number of individual pages (there were a few pages marked with redactions).

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Former State Employees and the CPRA

Former State Employees and the CPRA Q: I have a question regarding physical access to a public building. I am a former employee for the Housing Authority of my City, I recently went back to the Central Office building in which I worked to visit some personnel still working there. This building is open to the public and has public access areas, when I tried to enter the building I was informed by the security

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A&A: Are school district’s attorney fees public records?

Q: I would like to know if a detail report of legal counsel’s fees charged to the district is a public record.  The attorney has told the district administrator that his invoices are not public records. A: The California Public Records act provides access to any “writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency.”  Govt. Code § 6252(e). When a member of the

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A&A: What portion of personnel files are exempt from CPRA disclosure?

Q: Exactly what portion of personnel files are exempt from disclosure under the California Public Records Act? Specifically, I am trying to find out whether our child’s public school teacher — who was a probationary employee  resigned;  was terminated for cause, or  was “non-reelected” (no reason required per union contract). Our School District maintains that the vast majority of an teacher’s personnel file is non-public, with the exception of a very limited number of basic

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A&A: Strategic question regarding a large PRA request

Q: My non-profit organization intends to request a large number of public records from the California Department of Health Care Services. At this point, our questions are strategic. For example: are we likely to make more progress with a reluctant government agency by a series of requests, none of which is, in itself, unduly burdensome? Or are we likely to make faster progress by asking for everything we want and, when we are refused, starting the litigation process

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A&A: Under CPRA, do I have a right to know who issued a citation?

Q: I recently received a copy of vehicular citations from a local police department. The names of the officers issuing the citations are not listed. Do I have a right under the CPRA to find out the name of the officer? A: Under California’s Public Records Act, “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”

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Third Party Notification

Third Party Notification Q: Does the custodian of a public record have the right to notify the party that someone is requesting their public record?  I.e., there was a bid for a public entity that is now closed.  I want to obtain a copy of the winning bid, but the custodian is saying that they have to notice all requests to the party that placed the bid.  This doesn’t seem quite right. A: Under Public

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A&A: Can An Agency Extend Response to a CPRA Request Up to Eight Weeks Due to Covid?

Q: I received a response to a CPRA request notifying me that I would likely not receive a response for eight weeks. Is this extended window consistent with the PRA? If it is not, what remedies are available to me? [This questions was submitted in 2021 amid the coronavirus pandemic.) A: Although the agency has a right to a 14-day extension of the usual 10-day response period for a California Public Records Act (“CPRA”) request,

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Accessing Polling Done with Public Funds

Accessing Polling Done with Public Funds Q: A school district uses public funds to conduct a poll regarding public support for a tax measure. The authorities I’ve reviewed find that an “objective” poll is an authorized expenditure of public funds.  It seems clear to me that the entire poll (questions, cross tabs, etc.) are therefore a public record subject to full disclosure under the PRA.  But I’ve not seen any cases or advice letters directly

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