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Asked and Answered

FOIA

Does Excessive Redaction of FOIA Requested Documents Constitute Censorship?

[…] the requestor. 5 U.S.C. § 552(a)(6). If an agency denies an individual’s FOIA request, it must state the reason for the denial, including identifying and stating how claimed exemptions apply to the records requested, and give the individual an opportunity to appeal the decision. 5 U.S.C. § 552(a)(6). Before appealing, the requesting individual may request […]

February 27, 2018
Asked and Answered

CPRA School Records

Suspension and Expulsion Records

Can I request the suspension and expulsion records for a school district for, say the previous three years? I do not wish to obtain any personal information ("directory information") on the student, but rather to compare suspension and expulsion records between students.

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

CPRA

Mayor’s appearance calendar

A local activist says that the Mayor and City Attorney "have both sent me letters refusing to divulge the mayor's calendar of scheduled May appearances as Mayor and/or his appointment book of meetings as Mayor for the past two months." Is this legal under Prop 59?

June 14, 2009
Latest News

Cases Press Release

FAC Sues Bakersfield For Open Meetings, Records Violations

[…] the meeting—there was no mention of litigation, but rather the presentations showed council members discussed fundamental issues of city governance, including revenue, staffing and taxation. The "anticipated litigation" exemption does not apply to such broad financial and policy matters, nor does any other exemption to the Brown Act’s open-meetings requirements. "Bakersfield is trying to use […]
- Government Transparency and Accountability
- Public Meetings
December 22, 2017
Asked and Answered

Brown Act

Regulations on public comment

Our City Council's Law & Legislation Committee recently heard a proposal whereby the Chair (Vice Mayor), expressed her support for the measure, and restricted opposing testimony. She allowed all those (dozen) in support to testify, and then limited opposition to 1 statement of 2 minutes. All others who were signed up to testify were […]

June 14, 2009
Asked and Answered

CPRA

PRA request from the California Engineer Board

[…] the conduct of the public’s business prepared, owned, used, or retained by any state or local agency" is presumed public and must be disclosed unless a specific exemption applies. Gov’t Code § 6252(e). If you make a written request to the Board (a sample letter is available here) it must determine whether the records […]

April 14, 2016
Asked and Answered

CPRA

List of applicants for a public entity’s general manager

[…] might raise an argument under Wilson v. Superior Court, 51 Cal. App. 4th 1136 (1997) that the job applications are protected from disclosure under the deliberative process exemption (section 6255 of the California Public Records Act) on the grounds that the job applications are predecisional documents whose purpose is to aid the municipal water […]

June 14, 2009
Asked and Answered

FOIA

Making a FOIA request to the Dept. of Homeland Security

[…] "disclose techniques and procedures for law enforcement investigations or prosecutions." At any rate, ideally, the agency should explain how each piece of information sought fits within this exemption. For more information related to the FOIA, here are some resources that you might find useful: Reporters Committee for Freedom of the Press: http://www.rcfp.org/foia/ National Freedom […]

July 11, 2011
Asked and Answered

CPRA Police Records

Criminal case files and the Public Records Act

[…] from disclosure. Gov't Code § 6254(f). However, basic information about an incident must be disclosed, such as "the time, substance, and location of all complaints or requests for assistance received by the agency and the time and nature of the response thereto, including, to the extent the information regarding crimes alleged or committed or […]

July 19, 2012