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Asked and Answered

CPRA

Accessing police reports

I have been refused a copy of a police report. It is a complaint filed against myself. I have the complaint number. I filed a request with the police along with a check for the correct amount. I received a response back saying I wasn't allowed to have a copy with NO explanation why.

June 14, 2009
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
Latest News

Cases

CFAC files brief to lift gag in BART homicide case

[…] a Superior Court judge in Oakland to rescind his gag order in the highly publicized prosecution of a former BART police officer who is charged with murder for the shooting death--captured on numerous cellphone videos uploaded to Youtube--of Oscar Grant III on New Year's Day. The Coalition's brief, written by Keker & Van Nest […]
- Government Transparency and Accountability
June 3, 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

FOIA

Making an FOIA request regarding border security

[…] "disclose techniques and procdures 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 […]

October 25, 2011
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
Handbooks

California Brown Act Primer

[…] 2022 by Legal Fellow Monica Price, with contributions from Executive Director David Snyder and Legal Director David Loy. It was created in 2006 by James Chadwick, then of Sheppard, Mullin, Richter & Hampton. Please see this 2023 addendum for an overview of open-meetings law changes that occurred since this guide was published in March 2022.
- Government Transparency and Accountability
- Public Meetings
September 8, 2024
Asked and Answered

CPRA Police Records

Who is allowed to access arrest records?

I submitted a request for arrest and incident reports from a police department for a case involving my client but I got a call from someone in the Records Department who said that I needed to submit signed authorization from my client. Is that the case in your practice?

October 25, 2011
Asked and Answered

CPRA

How can I find out if a non-profit is cooking the books?

I'm pretty sure a 501(c) 3 in San Francisco is cooking its books. For example, claiming on their 990 that a certain program cost $50,000 when I think it's more like $500. Can I demand their receipts under a FOIA request? Is there a reward for discovering and proving such scammers?

May 21, 2015
Asked and Answered

CPRA Police Records

City Surveillance Cameras and Public Records Law

[…] which the record has been stored." Gov't Code section 6252(g). Thus, it appears that surveillance camera recordings would be covered under the Act: "The Act contains numerous exemptions, including certain types of police records, specifically: ecords of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office […]

November 20, 2009