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Asked and Answered

CPRA

Emails as public records

[…] they are from an attorney for the agency and/or relate to pending litigation. (See Government Code §§ 6254(b) and 6254(k).)However, your inquiry suggests that a different potential exemption might be invoked.Public agencies frequently refuse to disclose e-mails, asserting a "deliberative process privilege," pursuant to Government Code section 6255.The California Courts have recognized that this […]

June 14, 2009
Asked and Answered

CPRA

CPRA fees and information in electronic form

Responding to a request for copies of all messages, emails from council members laptops to each other, especially during the periods of council meetings for the last two months, the city has responded thusly:Pursuant to the California Public Records Act Government Code 6253.9 b. 2 the following fees are associated with fulfilling your request: […]

June 14, 2009
Asked and Answered

CPRA

Accessing public payrolls

I recently filed a public records request for teacher payroll information with the Los Angeles Unified School District. My request was denied on the grounds that it represented an unreasonable invasion of privacy. It's my understanding that public employee payroll documents should not be exempt through the "privacy" clause. A fellow student working with […]

June 14, 2009
Asked and Answered

Brown Act CPRA

Request denied for fire district celebration guest list

[…] not something normally kept on file, any factual sections of the report, and perhaps its observations and analysis, would typically not be precluded from disclosure under this exemption. Citizens for a Better Environment v. Department of Food Agriculture, 171 Cal. App. 3d 704 (1985). Note that the case also said that even if documents […]

August 16, 2013
Asked and Answered

CPRA

What is a Draft? How does that affect Public Records Requests?

[…] This financial analysis will be refined throughout the process...." I requested to see the document, but the city said it is a "draft" and is not eligible for disclosure. It seems to me since they received the third party document, and used it to make an important decision, that it should be available to […]

June 14, 2009
Asked and Answered

Brown Act CPRA

What Constitutes a Local Agency

[…] provides that records created, owned or maintained by that entity are public records that may be examined or copied upon request, unless one of the Act's many exemptions to disclosure apply. The exemptions can be found at Govt Code Section 6254 in the PRA. The full text of the PRA can be found here. […]

June 14, 2009
Asked and Answered

CPRA

Unreasonable Fees for Access

[…] a database of records that are computer printouts of companies who have valid permits, and these lists used by their staff daily. They are not custom made for the public, and other counties post these lists on their website at no charge. In addition, the County requires a written request and charges a search […]

June 14, 2009
Asked and Answered

Brown Act CPRA First Amendment

Unposted Supporting Documents and Public Comment on those Documents

The County Board of Supervisors had an agenda item that has been hotly contested for a number of years by this unincorporated community. Before the meeting, this item was posted. The "findings of fact" that support the item were not. These "findings" were not made available to the public until one and a half […]

June 14, 2009
Asked and Answered

CPRA Police Records

Traffic Citations and the CPRA

Your questions seem to go to whether the Public Records Act grants an exemption to certain types of records. As you are apparently already aware, Cal. Gov. Code sec. 6254 contains a list of types of records that are not subject to the disclosure requirements of the CPRA. (1) Traffic citations: We are not […]

June 14, 2009
Asked and Answered

CPRA

The CPRA…

[…] has been denied, within 10 days. (Gov't Code § 6253). If the written request is denied, the agency is obligated to back its denial by citing an exemption in the PRA or other state or federal law allowing it to withhold the records you seek. (Gov't code § 6255). It is not clear whether […]

June 14, 2009