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Asked and Answered

CPRA

Is US’s federally-funded research exempt from CPRA?

[…] who paid for them to be generated; rather, if the agency is in possession of the records, then those records are presumptively subject to disclosure unless some exemption applies. Furthermore, a "state agency" includes state universities. Gov't Code § 6252(f). Thus, the Public Records Act applies to UC Berkeley and its records. See, e.g., California […]

March 19, 2014
Asked and Answered

CPRA

Do legal fees count under pending litigation CPRA exemption?

My records request for the documents showing how much money the county has spent on a current and ongoing lawsuit. The County states that the information revealing the total money spent is privileged because the case is in active litigation. It would appear to me that no privileged information concerning the case would be […]

February 4, 2014
Asked and Answered

First Amendment Newsgathering Police Records

How much detail about the incident, offense, or arrest is the public entitled to under the law?

I'm a journalist who filed a request for police reports with the Police Department, seeking information about certain incidents and arrests involving stolen firearms. When the records officer called me to clarify what kind of information I was seeking, I told her I wished to receive basic information — such time, date, location, etc. […]

May 25, 2018
Asked and Answered

Brown Act CPRA First Amendment

Mayor up for reelection wants to stifle public comment on candidates

The mayor who is running for reelection is currently advancing a policy revision to stifle the public comments during City Council meetings of anyone who is speaking to a ballot initiative or on a candidate. Recently the mayor discussed the changes she’s proposing in an interview with a local newspaper and mentioned email communication […]

August 30, 2010
Asked and Answered

CPRA School Records

District denies teacher access to defaming emails

Under the Public Records Act (CPRA), a record prepared or maintained by a public agency is presumptively subject to disclosure, unless some exemption applies. Gov't Code § 6253(b). The Act does contain an exemption for "ersonnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy." Gov't Code […]

November 12, 2013
Asked and Answered

CPRA

Is gender of foster care staff public information?

We are investigating sexual abuse in a foster care shelter. We requested the gender for two staff members because they have ambiguous names. The county asserted that Section 6254(c), the personnel records exceptions applies. Staffing decisions at the facility are made based on gender (male staff members are not supposed to oversee female resident's baths), […]

August 13, 2014
Asked and Answered

CPRA

CPRA for personal medical record

I recently submitted a CPRA request inquiring about my personal medical record. The CPRA was accepted but certain information that I requested was forwarded to several medical departments, requiring their consent to disclose. If a document is not responded to through a CPRA, what are my further options, or entitlements (preceding an expensive court action)?

April 20, 2016
Asked and Answered

Brown Act CPRA

Can they deny my request for a video of a meeting that was streamed live?

I have been denied my request for a copy of a videotape of a Town Hall Meeting that was streamed live over the Internet. They claim they can not release the video for personnel reasons I was also denied access to the County Sheriff Department's "Pink Slips," which are held in the reception office of […]

June 12, 2015
Asked and Answered

CPRA

California Driver’s License Numbers and the CPRA

[…] medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy." Govt. Code § 6254(c). It is not clear, however, whether this exemption would apply to driver's license information for licensed businesses, as such records would not necessarily be "personnel, medical, or similar files," and the disclosure of the […]

June 14, 2009
Asked and Answered

CPRA

CPRA request for disclosure of evidence related to School District misconduct case

[…] former public school teacher who was accused of misconduct. I signed a settlement September 2014 in order to resign from the district. Now my case is coming up for review with the CA Commission on Teacher Credentialing. I believe materials provided by the School District have been falsified. I submitted a CPRA request on June 18, […]

December 12, 2015