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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
Asked and Answered

CPRA

Required to pay research fee for building permit search

I requested access to a building permit from 1973. Our building department told me I had to pay $55 for building research fee to cover "staff time." Copies, if asked for, are an additional 25 cents per page, but I guess copying fee of that amount is borderline legitimate. They have been charging this […]

March 5, 2012
Asked and Answered

CPRA

Who can request documents under the CPRA?

[…] it can be more efficient to use those forms, since they are more familiar to the agency personnel processing the requests. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues […]

September 19, 2012
Asked and Answered

CPRA

Providing Requestor’s Name, Personal Information

[…] In addition, if the agency is attempting to determine whether to withhold records under Government Code section 6255, on the ground that the public interest in non-disclosure clearly outweighs the public interest in disclosure, it may want to know who is requesting the records, and for what reason, in order to conduct that balancing test.

June 14, 2009
Asked and Answered

CPRA FOIA

Preliminary Data from FEMA as Requested by the City

I have requested "preliminary" flood mapping data from FEMA for the city. The FEMA Consultant has responded that the data are preliminary, therefore, they are not required to release it to the public. However, the city is using the preliminary flood data to dictate development standards. The city requires developers to conduct their own flood […]

June 14, 2009
Asked and Answered

CPRA

Police Background Investigation

I was told I failed a background investigation for a volunteer job at my local police department. Later I was given inside information that, only days before, the PD had decided they didn't want people with disabilities volunteering, because they felt it would involve too much liability. I believe I "failed the background investigation" […]

June 14, 2009
Asked and Answered

First Amendment

Online message boards

We cannot tell from your email whether you would have any remedy for the abusive comments that have been addressed to you. Many comments about a person may be clearly offensive and yet nevertheless be protected under a variety of First Amendment doctrines. Although you may have a legal remedy for the statements, depending […]

June 14, 2009
Asked and Answered

CPRA Police Records

Obtaining Copies of Police Reports Relating to a Minor

The Sheriff’s Office refused to provide me with a copy of their Police Report about a shooting. I stated that my son (9-yr old) resides at an address near the shooting and he is in mortal danger. I need this report for the Family Court.

June 14, 2009