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  • Asked and Answered

    CPRA

    Documents once public now denied

    […] information is exempt from disclosure under California Government Code section 6254(g). In addition, California Civil Code section 1798.60 prohibits the release of an individual's name and address for commercial purposes, unless specifically authorized. Although California Civil Code section 1798.61(b) does not specifically prohibit the release a license applicant's name and address, release of applicant […]

    January 12, 2011

  • Asked and Answered

    CPRA

    Does an email search qualify as “data compilation” under CPRA?

    The agency’s contention that the data compilation provision allowing fees for these tasks applies to its search for emails is, indeed, novel.  Looking at the plain text of Gov't Code § 6253.9(b)(2), it is clear that such fees for the production of records disclosable under the Public Records Act are permitted only in two specific […]

    April 25, 2016

  • Asked and Answered

    CPRA

    Request for councilmembers salaries not granted

    I requested the salaries and health benefits of City Council members. It took one month to receive and I didn't get what I'd asked for.  I also asked for information regarding the voiding of a parking citation that they would not release.

    October 13, 2010

  • Asked and Answered

    Court Records First Amendment Newsgathering

    Public Access to a Hearing Outside the Courtroom

    […] the necessary findings (including that a compelling interest requires closure, the closure order is narrowly tailored, and there are no alternatives to closure), there is no basis for the court to close a hearing that it chooses to hold outside of the courtroom walls.  Indeed, if a court could avoid public access simply by […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Email Correspondence Records

    […] applies.  As a general rule, emails are treated as written documents subject to disclosure under the California Public Records Act (PRA).  See San Lorenzo Valley Community Advocates for Responsible Education v. San Lorenzo Valley Unified School District,  139 Cal. App. 4th 1356, 1411 (2006).  Based on the information you provide, I cannot say for […]

    June 14, 2009

  • Asked and Answered

    CPRA Police Records

    Criminal Records and the CPRA

    In interviewing individual applicants to provide childcare for my 2 toddlers, it is of utmost importance that I verify whether or not they (and/or the location of the premises used for such services) has been involved with any law enforcement issues (ie: is there any criminal history? Has law enforcement ever been called out […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Countering a claim of non-existent records

    […] See 64 Op. Atty Gen. Cal. 317 (1981) ("Nothing in the Public Records Act purports to govern destruction of records ... Its sole function is to provide for disclosure.").    Unfortunately, it is not always clear what destruction of records is permissible under California law. Section 34090 of the Government Code provides for the lawful […]

    June 14, 2009

  • Asked and Answered

    CPRA School Records

    Are School Yearbooks Public Records?

    […] exemption in the PRA or other state or federal law allowing it to withhold the records you seek, Gov't code § 6255, and that if you are forced to litigate this matter, you are entitled to attorneys' fees if you prevail.  Govt. Code § 6259(d) ("The court shall award court costs and reasonable attorney […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Are oral CPRA requests permitted?

    I'm new to public records laws in California, and curious if you can help. What is the requirement in California for initiating that inquiry? Do I need to send a written request, or is a verbal request deemed to have the same weight?

    June 14, 2009

  • Asked and Answered

    CPRA

    Accessing Records of Parolees’ Addresses

    […] of Corrections and Rehabilitation. I requested through the Public Records Act information on all parolees the department has listed as living in the nine cities, the offense for which they went to prison, name, address, etc. CDCR provided me with the parolees' names, offense for which they went to prison and are now on […]

    June 14, 2009