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Asked and Answered

CPRA

County’s Technical Review

We recently made a Public Record Request for documents relating to the County's General Plan technical review and technical fix. The request was denied because: "...this draft is still undergoing internal staff and legal review. For that reason, the County is not able to produce the draft, or any memoranda or correspondence relating to […]

June 14, 2009
Asked and Answered

CPRA Police Records

Can law enforcement seal a search warrant that gathered evidence on a civil case?

[…] agency use a search warrant to gather evidence in an anticipated civil case? 2) Can that same agency seal a search warrant used solely to acquire information for an expected civil case? 3) Where can I find the law on this, so that I may reference it in conversations with this agency? Thank you […]

August 19, 2011
Asked and Answered

CPRA Newsgathering Police Records

Does the CPRA allow access to mugshots?

[…] hit and run case was requested. As they always do, the police department denied our request for the mug shot and offered this standard reasoning for the exemption: "Based on your request for ‘the mug shot of the suspect arrested this morning for the fatal hit and run,’ the City must deny your request […]

December 23, 2012
Asked and Answered

CPRA

Third Party Notification

Does the custodian of a public record have the right to notify the party that someone is requesting their public record? I.e., there was a bid for a public entity that is now closed. I want to obtain a copy of the winning bid, but the custodian is saying that they have to notice […]

June 14, 2009
Asked and Answered

CPRA Newsgathering Police Records

Can I access driver ID’s from traffic-stop police reports?

I am working on a story about traffic stops and would like to request the city's police department for records related to about 10 incidents involving drivers with suspended licenses (I have the incident numbers). But before I make my request: Can the police department deny me accessing the name, address or other fields […]

April 16, 2015
Asked and Answered

CPRA Police Records

Disclosure of applicant information under PRA

We're trying to request the applications of taxicab applicants to see if the regulatory body is discriminating. The public agency has redacted most of the applications for fear of a misdemeanor in releasing "convictions," (e.g. the agency maintains its own allegations of infractions and the applicants voluntarily submitted their place of doing business and […]

March 22, 2016
Asked and Answered

CPRA FOIA Police Records

Obtaining concluded investigative reports

[…] are not obtainable," I assume you are dealing with local law enforcement and not the FBI.That is unfortunate because the California Supreme Court has held that the exemption to the California Public Records Act for police investigatory files goes on forever, even years after the investigation is concluded. That case is Williams v. Superior […]

June 14, 2009
Asked and Answered

FOIA

Non-response to FOIA request

[…] done. Moreover, the FOIA provides a mechanism to deal with unusually burdensome requests which an agency would not be able to process within the prescribed time limits. For such requests, the FOIA requires that an agency inform the requester that the request cannot be processed within the time limits and provide an opportunity for […]

June 14, 2009
Asked and Answered

CPRA FOIA

Third time no charm: University denies documents, offers no explanation

The university where I work denied a Freedom of Information (FOIA) request that involved analysis of information that provided justification for a university policy. After the denial I refined my letter to request specific documents. However, they haven't responded at to my second request, or to a follow up after ten working days had elapsed.

February 4, 2011
Asked and Answered

CPRA

Can’t flush out City’s drainage report

We are in a dispute with developer regarding a drainage diversion across ourproperty. Many months ago we asked the City for help and they hiredanoutside engineer and geologist to conduct an investigation. After about three months, the engineer has been paid for several tasks relating to this, but the City has provided no information […]

May 4, 2011