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Asked and Answered

CPRA

Is CPRA 10-day deadline measured in calendar days or weekdays?

The PRA provides that "[e]ach agency, upon a request for a copy of records, shall, within 10 days from receipt of the request, determine whether the request, in whole or in part, seeks copies of disclosable public records…" Govt Code § 6253(c) Is that 10 business days or 10 calendar days? How long do […]

August 23, 2010
Asked and Answered

First Amendment Social Media

Suspended from job for posting negative comment on personal, private Facebook page

I am currently suspended from work for posting a thought on facebook regarding my company. I worked for the company for over 2 years, but a recent commission-structure change has made my living difficult (60% less than what it used to be). I then received a company internal email regarding the company’s huge growth […]

February 16, 2012
Asked and Answered

CPRA Police Records

Investigative and disciplinary records pertaining to police officers

[…] not specify the exact information you requested from the police department, it appears from your email that you are already aware that the Act contains an exemption for records of investigations conducted by state or local police agencies, as well as documents in a policy agency's investigatory files.(Cal. Government Code section 6254(f)).In addition, as […]

June 14, 2009
Asked and Answered

Emails to officials

[…] Mayor concerning city business but the emails were deleted without having been read. Then, I sent an email to the City Manager about 30 days ago, more or less, and it was deleted, unread, as their program deletes emails after 30 days.Is it proper or legal for a city to delete emails without reading them?

June 14, 2009
Asked and Answered

CPRA

CPRA and copyright

[…] publisher in that case). We are not aware of controlling caselaw on this point in California, and the Attorney General opinion does not directly address it. Assuming, for the moment, that the California (or 9th Circuit federal) courts were to follow the less favorable opinion, County of Suffolk, you could still argue that the […]

June 14, 2009
Asked and Answered

CPRA

Unreasonable Fees for Access

[…] a database of records that are computer printouts of companies who have valid permits, and these lists used by their staff daily. They are not custom made for the public, and other counties post these lists on their website at no charge. In addition, the County requires a written request and charges a search […]

June 14, 2009
Asked and Answered

CPRA

Time Frame to Respond to Record Requests

It might be useful to contact the agency and point out the provision of the Public Records Act that specifies that agencies "upon a request for a copy of records, shall, within 10 days from receipt of the request, determine whether the request, in hole or in part, seeks copies of disclosable public records […]

June 14, 2009
Asked and Answered

CPRA

Third-Party Settlements

[…] included a requirement that the companies submit to the city a complete inventory of all their off-site advertising signs, including location and permit status. A public request for this information has been denied, citing the following section of the settlement: "Nothing herein shall prevent the City from providing to the public the name of […]

June 14, 2009
Asked and Answered

CPRA

The California Department of Health Services, Ongoing Investigations, and Public Records

[…] from the public. (As you also noted, though, the fact that a document contains information tangentially related to an individual's medical condition does not automatically qualify it for exemption under the PRA, particularly where you have already offered to accept versions of documents with personal information redacted.) Moreover, it sounds like the department is […]

June 14, 2009
Asked and Answered

CPRA School Records

Suspension and Expulsion Records

Can I request the suspension and expulsion records for a school district for, say the previous three years? I do not wish to obtain any personal information ("directory information") on the student, but rather to compare suspension and expulsion records between students.

June 14, 2009