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Asked and Answered

CPRA

CPRA request denied for city employee’s college grades

The City has an employee reimbursement education program for college credits. Part of the city’s requirement for reimbursement is a minimum C grade. I made a public records request for the elected City Clerk and I’m told her grades are confidential by some Federal Statute. She has objected to my obtaining this information. Is […]

June 7, 2013
Asked and Answered

CPRA

Records retention and PRA

Suppose I make a request for records from a public agency, but their records retention policy allows the records to be destroyed before the agency produces them. Does the Public Records Act require a suspension of the destruction of records if a request has been made?

April 26, 2016
Asked and Answered

First Amendment

What are the rules regarding free speech and highway signage?

[…] the Outdoor Advertising Act, it appears that advertisement is construed quite broadly and would likely encompass the kind of signs you describe.) The Act contains an exception for temporary political signs, but such signs must pertain to a scheduled election, be placed no more than 90 days before the election, and be removed within […]

October 17, 2013
Asked and Answered

CPRA

CPR request denied because it wasn’t submitted on letterhead

My request request for mugshot demographics data was denied by the California Department of Corrections. I sent specific data parameters for this information along with my name address and telephone number and received a telephone call from someone in the state archives denying my request. I was told the request was denied because it was not submitted […]

February 12, 2017
Asked and Answered

CPRA

Can I be charged $6000 for staff time needed to find and redact requested records?

My recent request for public records was granted. However, the agency wants to charge me about $6000 to supply the records because of the staff time it will supposedly take to compile them all from the various warehouses in which the paper records are stored. And they want to charge for the time spent reacting the forms. […]

March 2, 2016
Asked and Answered

First Amendment

1st amendment right to porn denied by senior center

[…] right to ban pornography or whatever they deem "inappropriate." As a senior citizen, I say I have the right to full internet access, to put off-color books, magazines and films in the library, and to communicate anything legal on the bulletin boards. I hold that pornography is perfectly legal for adults. What do you say?

June 10, 2013
Asked and Answered

First Amendment

Can peaceful picketing be stopped by the event’s promoter?

[…] numerous factors, the most important of which is whether the space in which you are picketing is public property, and how that space has historically been used for purposes of speech. As a general matter, a private entity can limit or restrict speech on private property (with some exceptions), but if the private entity […]

March 18, 2015
Asked and Answered

CPRA Police Records

Police deny request for 911 tape

[…] suicide or homicide. Prior to my formal request, the police refused to discuss the case citing its "ongoing nature." My formal request to review the 911 call for service was denied because it was not deemed contemporaneous. The denial was based on the 1993 Kuzar case. It is my understanding that case recognizes that […]

December 30, 2011
Asked and Answered

First Amendment

Do trade publications have same speech protections as other journalists?

My company owns a website and private news source for a trade Industry. We are having concerns about our First Amendment protections. The website and news company is a business operation of our parent company. I would like to inquire about whether our direct ownership of the site conflicts with any First Amendment or […]

September 28, 2011
Asked and Answered

Newsgathering

Protection against libel for Florida reporters?

My company and I are being sued for defamation at state court in Miami, Florida. In discovery, the plaintiff has requested all emails between me and others that mention his name. As a reporter, am I protected by law from having to turn over such information?

January 20, 2015