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Asked and Answered

FOIA

Non-response to FOIA request

[…] done. Moreover, the FOIA provides a mechanism to deal with unusually burdensome requests which an agency would not be able to process within the prescribed time limits. For such requests, the FOIA requires that an agency inform the requester that the request cannot be processed within the time limits and provide an opportunity for […]

June 14, 2009
Asked and Answered

CPRA

A Can the city legally refuse to fulfill my request unless I use their form?

My city will not fulfill a request for documents made via email. They insist that I first fill out their request form. I have made email requests to other government entities for years and other than delays I have received my documents. Can the city legally refuse to fulfill my email request? Is there state […]

August 13, 2015
Asked and Answered

CPRA

Agency won’t provide records in electronic format

In response to our public records request for electronic data, public agencies have refused to release data in Excel format. They have instead given us pdfs or hard copies. Their reasons are vague, ranging from concerns we will manipulate the data to saying it's not their policy to release data in that format. I […]

August 18, 2010
Asked and Answered

CPRA

What rules apply to searching DMV database?

[…] calls to the address of : 26613 Rapid Falls Ct I need a time frame from and to you would like us to run in our system for calls of service. Also: Please be advised there are Fees for your Request: 1) Calls for Service Address Run costs $50.00 an hr - ( 1 […]

December 7, 2010
Asked and Answered

CPRA

State Public Health Department Withholding Public Inspection Records

[…] to submit my request online which I then did. The report lacked specificity and appeared to be lacking all of the information. I then requested public records for a period of 5 years on the machine used. I received a statement stating my request was being delayed and I might not receive all of […]

February 7, 2018
Asked and Answered

Brown Act Newsgathering

Reporters wrongly ejected from community college council meeting?

[…] the members of the legislative body that are less than a quorum of the legislative body." Thus if the council was created by the formal action of, for example, the Academic Senate, the determinative issue is whether it is an "advisory committee" or a "standing committee." As the Brown Act indicates, if the council […]

July 19, 2013
Asked and Answered

CPRA

Request for documents on Tax Lien Sale denied. Why?

In making your request for records, Government Code § 6253(b) indicates that you must "reasonably describe an identifiable record or records." The California Public Records Act does not require that the request be made in writing; however, I agree with your intention to do so. For one, a written request creates a record of […]

October 6, 2011
Asked and Answered

CPRA

Is A Public Agency Required to Disclose Names of Board Member Applicants?

We are trying to obtain the names of applicants for board vacancies, not the applications themselves or the information they contain, which seems to be covered by the California First Amendment Coalition v. Superior Court (Wilson) 1998. Voters in November authorized the District to turn operation of the hospital over to a nonprofit corporation, […]

February 23, 2018
Asked and Answered

First Amendment

Can ballot arguments be selected based on political content?

[…] regarding a county measure, both from bona fide organizations. The elections official decided to evaluate the "quality" of the two arguments, as a means of selecting one for publication. He did not consider flipping a coin or random drawing. He had no decision matrix or identified factors used in making his "evaluation." He decided […]

November 10, 2016
Asked and Answered

CPRA

Public Universities, Listservs, and Destruction of Records

[…] entries in its online volunteer listserv from appearing in the newspaper. Because I believe the taxpayer-funded listserv content is a public document, I filed a PRA request for one day’s worth of postings. The university has replied that it keeps no copies of the listserv postings, and cannot provide them. They seem to have […]

June 14, 2009