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Asked and Answered

CPRA

Is it legal to charge fees for viewing a transcript?

[…] record, except as hereafter provided. Gov't Code § 6253(a). Public agencies may charge a fee "covering direct costs of duplication" (or a statutory fee).Gov't Code § 6253(b).As for charging the public for the right to merely inspect records, the agency may be on shaky ground. By its own terms, the PRA does not seem […]

October 21, 2011
Asked and Answered

CPRA Police Records

Police deny request for 911 tape

[…] suicide or homicide. Prior to my formal request, the police refused to discuss the case citing its "ongoing nature." My formal request to review the 911 call for service was denied because it was not deemed contemporaneous. The denial was based on the 1993 Kuzar case. It is my understanding that case recognizes that […]

December 30, 2011
Asked and Answered

CPRA

A Can the city legally refuse to fulfill my request unless I use their form?

My city will not fulfill a request for documents made via email. They insist that I first fill out their request form. I have made email requests to other government entities for years and other than delays I have received my documents. Can the city legally refuse to fulfill my email request? Is there state […]

August 13, 2015
Asked and Answered

Brown Act

Grounds for Cease & Desist under the Brown Act

[…] a specific government decision or action, must first attempt to resolve the matter through an elaborate settlement procedure set forth in Government Code § 54960.2. The deadlines for filing a cease and desist letter with the government entity, as well as the government’s obligations in responding to such a complaint, are set forth in […]

March 31, 2016
Asked and Answered

CPRA

Same fees assessed for electronic data as photocopies

I’m trying to obtain the school district’s 2010 spending records in digital form, but the USD's General Counsel is asking for 25 cents per page to send the digital information to us. They’ve explained that this is based on the usual fee rate for pages that are photocopied, but as we aren’t asking for […]

March 23, 2012
Asked and Answered

CPRA

When Does Copyright Apply to Public Records?

[…] the home in the city offices. But they said we could not make copies of them or reproduce them because they were copyrighted by the architectural firm. I'm wondering if such a copyright exemption exists in the CPRA? Or do we have the right to insist on making copies of the material and publishing it?

May 23, 2018
Asked and Answered

CPRA School Records

CPRA and “Prompt” Production of Records

[…] told it will take an estimated 12 weeks to produce the records. My initial search of case law indicates that there is no hard and fast guideline for what is considered "prompt" under the statute; however, 12 weeks seems very excessive to me considering the small scope of the request. Also, this school district […]

May 23, 2018
Asked and Answered

CPRA

My CPRA requests have been ignored. What can I do?

[…] records within 10 days of receipt of the request, and making copies of records available promptly thereafter. Gov’t Code § 6253(c). If the agency is claiming that an exemption applies to any of the records you are seeking, it must let you know what the exemption is, and exactly how it applies to those records. Gov’t […]

May 19, 2015
Asked and Answered

CPRA

How do I enforce my right under the CPRA to inspect records?

[…] agenda. ) Over ten days have elapsed with no response to this request and no response to a follow-up request. The district did not request an extension. For various reasons I believe it is possible that the healthcare district may be non-responsive and require that I go to court. To obtain the document what […]

June 7, 2017
Asked and Answered

CPRA

Charter schools and public oversight

[…] have been violated. The Governing Board falls under the Brown Act as a California Nonprofit Public Benefit Corporation. Can I request and receive copies of permits from the school for the portable classrooms on campus? Because one of the Board members is affiliated with the City Office I was told I couldn't get the records.

June 14, 2009