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Asked and Answered

CPRA

What are my rights when the Legislature’s Rules Committees haven’t responded to my request for legislative records for more than 10 days?

[…] any legislative record from inspection, the committee must justify in writing within four working days of the request that the record in question falls under an express exemption or demonstrate that withholding the record serves the public interest and clearly outweighs the public interest served by disclosure. Govt. Code § 9074. If the Legislature […]

March 6, 2025
Asked and Answered

CPRA

Are draft reports exempt under CPRA?

[…] those records clearly outweighs the public interest in disclosure."Govt. Code Section 6454(a). Although some government personnel mistakenly believe that any "draft" document is automatically subject to this exemption, reading the text of the statute itself indicates that the exemption only applies if: (1) the document is a preliminary draft, note, or memorandum; (2) the […]

February 17, 2011
Asked and Answered

CPRA

Is all information about public employment tests exempt?

[…] administer a licensing examination, examination for employment, or academic examination, except as provided for in ."Gov't Code Section 6254(g). There is very little authority explaining how this exemption would be applied or what exactly the scope of "other examination data used to administer " might be. One of the only pieces of relevant authority […]

July 29, 2011
Asked and Answered

CPRA Newsgathering

Should complaints against belligerent councilman be public?

The city seems to be citing two separate exemptions here: the exemption that applies to personnel records, contained in Gov’t Code § 6254(c), and, possibly, the exemption that can be extrapolated to apply to attorney-client privileged communications, contained in Gov’t Code § 6254(k). I will address each exemption in turn. Personnel records: The first […]

August 19, 2011
Asked and Answered

CPRA

Can public access city’s internal investigation report?

The Public Records Act requires that for any request made in writing, the agency must indicate in writing the specific exemption it is claiming that justifies non-disclosure.Govt. Code 6253(b), 6255(a), (b). If the agency to which you made your request has not done so, it may be worth asking them to provide that very […]

October 27, 2011
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June 11, 2024
Asked and Answered

CPRA

Can’t flush out City’s drainage report

[…] other law exempts them from disclosure. Of course, there are numerous exemptions that the City might invoke in responding to a records request, including the Act's "catch-all" exemption, contained in Government Code § 6255(a). This exemption states that in order to justify withholding a record, the agency must show that "on the facts of […]

May 4, 2011
Asked and Answered

CPRA

My PRA request denied, but Buzzfeed published documents on similar case

[…] a subdivision of the California Department of Consumer Affairs. I was under the impression that some information was public. It seemed like a broad extension of the exemption. This is how they replied:"I just now reviewed the correspondence in this email chain that you have already had with the Board of Pharmacy. The person who fulfills […]

September 2, 2016
Asked and Answered

CPRA

Government agency refusal of email records

I was refused access to government emails and correspondence because the records were determined to be exempt from disclosure under the Public Records Act (recognized under the public interest balancing exemption provided by Government Code section 6255). Does this also refuse my right to access the time and date of the email correspondence?

April 12, 2016
Asked and Answered

Brown Act CPRA

Access to City Manager’s compensation denied

[…] 42 Cal. 4th 319, 331 (2007) ("he 'broadly based and widely accepted community norm' applicable to government employee salary information is public disclosure"). Although there is an exemption for "personnel" records under the Act that public agencies routinely invoke when they believe a request seeks information pertaining to identifiable public officials or employees that […]

July 28, 2011