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  • Asked and Answered

    CPRA

    California Board of Equalization public access rules

    […] exemption that applies to records maintained by the Board of Equalization. Depending on the type of record that you seek, there may be some exemption that applies. For example, the attorney general has opined that "The State Board of Equalization is not required to disclose other than to an assessee information consisting of appraisal […]

    January 7, 2011

  • Asked and Answered

    First Amendment

    Can businesses ban Google Glass?

    […] why a business could not prohibit its customers from wearing Google Glass on their premises, except that it probably could not do so where the device is required for a disability. Otherwise, it would seem that under the First Amendment, such a prohibition by a private entity would pass muster. That is because First Amendment […]

    August 15, 2014

  • Asked and Answered

    CPRA

    Are worker’s comp claims public documents?

    California's Labor Code provides that "[e]xcept as expressly permitted [elsewhere in the statute], a person or public or private entity not a party to a claim for workers' compensation benefits may not obtain individually identifiable information obtained or maintained by the division on that claim. For purposes of this section, 'individually identifiable information' means […]

    July 27, 2011

  • Asked and Answered

    Brown Act

    How do we enforce the Brown Act?

    […] members of a board having lunch together could be a "meeting" if they were hearing, discussing or deliberating upon matters within the board's jurisdiction, as opposed to, for example, merely having a social lunch in which no agency matters were discussed. The Brown Act may be enforced in two ways. One, as you noted, […]

    December 22, 2011

  • Asked and Answered

    CPRA

    Am I allowed to make my own copies instead of paying the agency fees?

    With respect to copies, the Public Records Act, at Govt. Code section 6253(b), provides as follows: "[E]ach state or local agency, upon request for a copy of records. . . shall make the records promptly available to any person upon a payment of fees covering direct costs of duplication, or a statutory fee if […]

    September 14, 2011

  • 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 FOIA

    Third time no charm: University denies documents, offers no explanation

    The university where I work denied a Freedom of Information (FOIA) request that involved analysis of information that provided justification for a university policy.  After the denial I refined my letter to request specific documents. However, they haven't responded at to my second request, or to a follow up after ten working days had elapsed.

    February 4, 2011

  • Asked and Answered

    CPRA Police Records

    Police refuse to release names of individuals who bought stolen laptop

    […] a witness or other person involved in the investigation," which it sounds like the agency is claiming in this instance.  Id. You might consider asking the police for more specific information relating to how the release of the names would endanger their safety, i.e., is the original offender still on the loose?  If that person […]

    December 12, 2014

  • Asked and Answered

    CPRA

    Is a school caretakers’s security camera subject to CPRA?

    […] this method, you should presumptively be able to walk into an agency’s office during regular hours and be given access to public records upon request.  Second, a request for copies of records may be made (whether in person or in writing ), although when this provision is invoked, the agency is given time – typically […]

    September 10, 2016