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Asked and Answered

CPRA FOIA Police Records

Online arrest records no longer show violations

[…] agencies may argue that sections 6254(f)(1) and (2) only require them to provide arrestee and incident information on a daily basis, as opposed to responding to requests for specific arrestee information. However, in amending the Public Records Act in 1982 to include the requirement that arrestee information be released, as well as incident reports, […]

November 17, 2009
Asked and Answered

CPRA

My Request for City Contract with Towing Company Was Never Answered

[…] Records Act to timely respond to PRA requests. If the agency is claiming that certain records are exempt under the Act, it is required to cite the exemption and explain how its applies to the records. Gov’t Code § 6253(c). You can read more about the Public Records Acthere. Bryan Cave Leighton Paisner LLP […]

May 16, 2019
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
Latest News

Cases Press Release

FAC Urges Court to Block Fresno Ordinance, Citing First Amendment Concerns

[…] important role in documenting the government’s treatment of homeless people, FAC's brief says UPDATE May 24, 2022: A federal judge, citing First Amendment problems, granted plaintiffs' motion for a preliminary injunction blocking enforcement of the ordinance at issue in the case. Read the order. The First Amendment Coalition today filed an amicus brief urging […]
- Press Freedom
April 12, 2022
Asked and Answered

CPRA

Strategic question regarding a large PRA request

My non-profit organization intends to request a large number of public records from the California Department of Health Care Services. At this point, our questions are strategic. For example: are we likely to make more progress with a reluctant government agency by a series of requests, none of which is, in itself, unduly burdensome? Or are […]

September 6, 2016
Latest News

Cases Press Release

Statement on Judge’s Ruling in Public Access Case Against Kern County Superior Court

[…] California asked a federal judge to order officials in Kern County to immediately enforce the public’s First Amendment right of access to hearings and trials. The request for a temporary restraining order came as part of a federal civil rights lawsuit the groups filed after documenting more than a dozen instances of members of […]
- Government Transparency and Accountability
July 2, 2020
Asked and Answered

Brown Act

How does the Brown Act Apply to ‘Ad Hoc’ Versus ‘Standing’ Committees?

[…] to address various city problems. Commission comprised of councilmembers, the city manager and interested citizens: This committee is covered by the Brown Act because there is no exemption for it regardless of whether it is decisionmaking or advisory in nature. Advisory committee comprised of two councilmembers for the purpose of reviewing all issues related […]

April 14, 2022
Latest News

Cases Press Release

UCLA Turns Over Video of Contentious Event with Treasury Secretary After Public Records Requests Flood in

[…] influenced by a third party. "The records were created by UCLA and are in possession of UCLA, a state body subject to CPRA," FAC’s request stated. "No exemption provides a third party to "revoke consent" or control access to such records." Just over a week later, on the evening of Friday, March 9, UCLA […]
March 12, 2018
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

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