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  • 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

  • Asked and Answered

    Brown Act

    Non-Profits Covered under Brown Act

    […] We do; however, have one as part of our membership and he is like a liaison between us. The City does give us money but it is for what they say it is to be used for, we have no control over any budgets or finances. This Association has a membership which requires an […]

    June 14, 2009

  • Asked and Answered

    CPRA Police Records

    Missing persons report and the CPRA

    I plan on submitting a public records request for a missing persons report that was filed with a police department. The individual filed as a missing person was found dead a day later. Is such a record public, when it could possibly be evidence in a murder investigation? Such a report is filed with […]

    June 14, 2009

  • Asked and Answered

    CPRA

    How Long Do Agencies Have to Keep 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.").  Instead, an agency's obligation to retain records are addressed by a variety of record retention laws. For example, Section 34090 of the Government Code provides […]

    June 14, 2009