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Showing results for exemption drafts records35 records35

Asked and Answered

CPRA

Public Availability and Destruction of Temporary or Handwritten Notes

[…] makes available the requested records pursuant to Section 6253. (2) The public agency determines that the request should be denied and bases that determination solely on an exemption listed in Section 6254. (3) The public agency makes available an index of its records. You might want to remind Director of the agency's obligations under […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Proposals and Public Records, Limiting Public Comment

[…] of physical form or characteristics." Govt. Code Section 6252. The right to inspect and copy the records maintained by state or local agencies is presumed, unless some exemption of the PRA applies. Gov't Code § 6253(b). It is not immediately apparent whether any exemption would apply to exempt the proposals you reference. (The exemption […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Internal audit reports and the CPRA

[…] of business, provided that the public interest in withholding those records clearly outweighs the public interest in disclosure," you might want to remind the System that the exemption only applies if the agency can establish that (1) the reports would not be retained in the ordinary course of business (that is, are discarded) and […]

June 14, 2009
Asked and Answered

CPRA

How Can I Access Records From The California Department of Corrections Regarding High-Profile Offenders?

[…] CPRA, and find a sample text for drafting a request at the First Amendment Coalition’s website here. You should know, however, that the CPRA contains a broad exemption for police investigatory records, which do not have to be disclosed. Specifically, Cal. Gov. Code § 6254(f) exempts "records of complaints to, or investigations conducted by, […]

September 21, 2021
Asked and Answered

CPRA

What is a Draft? How does that affect Public Records Requests?

[…] not something normally kept on file, any factual sections of the report, and perhaps its observations and analysis, would typically not be precluded from disclosure under this exemption. Citizens for a Better Environment v.. Department of Food Agriculture, 171 Cal. App. 3d 704 (1985). Note that the case also said that even if documents […]

June 14, 2009
Asked and Answered

CPRA

Former State Employees and the CPRA

[…] the Public Records Act, records are presumably public and available for inspection, unless a specific exception applies. Cal. Govt Code Section 6253. It is not clear what exemption the agency claims applies to the individual reports. Conceivably, it is claiming that the individual reports are "reliminary drafts, notes, or interagency or intra-agency memoranda that […]

June 14, 2009
Asked and Answered

CPRA

If A Lawyer Sends A Threatening Letter to A City Attorney Marked “Confidential” Is It?

I would agree with your assessment that marking a letter between lawyers as "confidential" does not justify exemption under the Public Records Act. Although the PRA exempts, via Government Code 6254(k), certain privileged communications, e.g., those protected by the attorney-client privilege per Evidence Code§§ 954, 955, and work product, as protected under Civil Procedure […]

November 5, 2018
Asked and Answered

CPRA

Can we submit a Public Records Act request for a California elected official’s personal emails, text messages?

[…] to the CPRA still apply to information contained in personal accounts, such as the exemptions for certain personal financial data, personnel and medical files, and the "catch-all" exemption of Cal. Gov. Code § 6255(a). In any event, any messages in the city council member’s accounts that substantively pertain to the public’s business (and are […]

July 30, 2020
Posts

FAC Condemns Sacramento Police Department’s Flawed Media Policy

[…] contrast, a draft that the media organizations proposed to the police department during negotiations last year afforded greater protection to journalists covering demonstrations: it spelled out an exemption for media representatives when officers close a disaster area, and clarified legal protections for journalists’ newsgathering materials. That thenew Sacramento policyshields police from public scrutiny is […]
- Press Freedom
July 23, 2020
Asked and Answered

CPRA

Government Employee Benefits Records

Under the PRA, public records must be disclosed unless there is a specific exemption in law authorizing an agency to withhold them. Grounds for withholding records can include privacy interests where those interests are clearly established, there is a legitimate threat to them from disclosure, and the public interest in protecting those interests clearly […]

June 14, 2009