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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
Asked and Answered

CPRA

Accessing DMV Files

[…] to get information from California as to why they told Arizona to suspend my driver’s license. I have since gotten my license back. What’s important to me for the still pending cases in Arizona is that I need the reason and proof as to why they took action. I need California DMV and/or the […]

June 14, 2009
Asked and Answered

CPRA

Public employee salaries

[…] case, and Teamsters Local 856 v. Priceless, LLC which seemed to indicate that release of salaries connected with the names of employees is prohibited. How about requests for actual salaries by position and not connected with names. Is a public agency bound by CPRA to release such information? Is the $100,000 and above salary […]

June 14, 2009
Asked and Answered

CPRA Police Records

Police Reports and the CPRA

[…] If the report was filed against me am I entitled to a copy? I have had approx 50-75 police reports filed against me by my insane neighbor and I am preparing to file legal action. I need the police reports for evidence. How do I get them? The police will not give them to me.

June 14, 2009