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The ongoing push for police transparency

[…] criminal charges against several law enforcement officers. In refusing to disclose any records except complaints filed in court, the District Attorney improperly relied on the "investigatory files" exemption from disclosure. Although that exemption may apply to other records, SB 1421 and SB 16 specifically reject it for the records covered by those laws. We […]
- Government Transparency and Accountability
- Public Records
May 18, 2022
Latest News

Blog

The “deliberative process privilege” is dead or, at best, on life support

[…] calendar of business meetings. Their reliance is misplaced, however. The Times Mirror decision is a textbook case of judicial activism run amok. Unable to find an applicable exemption in the state Public Records Act, the Court concocted a new one, ruling that the governor could not be forced to disclose records that would reveal […]
June 2, 2009
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Blog

One judge’s brilliant (and hilarious) rejoinder to lawyers trying to cut off public access to court documents

[…] displeasure with the practice of over-sealing documents and information in the official record of court cases. Judge Breyer (whose brother is Supreme Court Justice Stephen Breyer) has presided for several years over a shareholders’ lawsuit against Hewlett-Packard concerning the company’s ill-fated acquisition of a British software company that turned out to be worth billions less […]
- Government Transparency and Accountability
August 25, 2015
Asked and Answered

CPRA

CPRA request on pension investments was denied for the “public good”

[…] clearly outweighs the public interest served by disclosure of the record." Gov't Code § 6255. When an agency cites § 6255(a) (often called the "catch-all" or "balancing" exemption of the PRA) as justification for withholding a particular record, this typically means that there is no specific authorization for the agency to withhold the record […]

May 16, 2012
Asked and Answered

Police Records

Want Info on 911 Call that Prompted Police to Swarm My House Where No Crime Occurred

[…] Florida’s public records act as I am with California’s, a quick review of the law indicates that police records are generally subject to public disclosure unless some exemption applies. Section 119.105 states that "Police records are public records except as otherwise made exempt or confidential." In responding to your request, it seems the agency […]

December 4, 2018
Asked and Answered

CPRA

Agency won’t provide records in electronic format

In response to our public records request for electronic data, public agencies have refused to release data in Excel format. They have instead given us pdfs or hard copies. Their reasons are vague, ranging from concerns we will manipulate the data to saying it's not their policy to release data in that format. I […]

August 18, 2010
Asked and Answered

CPRA

Access to government officials’ email on personal account

[…] home address or personal e-mail account to conduct public business.Under the PRA,there would be a strong argument that such correspondence would be subject to disclosure, unless an exemption applies. Under the PRA, "any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local […]

June 8, 2009
Asked and Answered

CPRA

911 transcripts

[…] possible the agency that maintains the transcript or tape may try to claim that it is protected from disclosure by Government Code section 6254(f), which contains an exemption for records of complaints to, or investigations conducted by, a state or local police agency. However, the application of this exemption to your situation is very […]

June 14, 2009
Latest News

Blog

Supreme Court’s much-maligned First Amendment decision will, in fact, expand freedom of speech

[…] economy where, for better or worse, most industries enjoy direct or indirect government subsidies. In the media industry, for example, traditional newspapers are subsidized through sales tax exemptions and restrictions on competition for legal notices; television and radio are subsidized through the federal government's decision to give away scarce spectrum space; the internet is […]
- Free Expression
April 5, 2010
Asked and Answered

CPRA

Inspect vs. Request, and Proposals as Public Records

I'd like to know if proposals made to cities in response to a request for proposals are public records. Also, I've heard that there is no 10-day waiting period if someone simply asks to inspect a record, and does not ask for copies in a PRA. Is that true?

June 14, 2009