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Asked and Answered

CPRA Police Records

Are police dashboard-cam videos exempt from the CPRA?

[…] video was indeed part of a police investigation – either relating to the juvenile or the officer – then the police department can claim an exemption under Government Code 6254(f). And, even more unfortunately, once a record becomes part of an investigatory file, it is exempt from disclosure forever under the Public Records Act, […]

March 18, 2015
Asked and Answered

CPRA

Tax collector withholding documents

[…] of information does not necessarily mean that it would apply to exempt this kind of information in the hands of your County Tax Collector's Office. This exemption must be applied on a case by case basis. The California Supreme Court has stated that "this provision contemplates a case-by-case balancing process, with the burden of […]

July 16, 2009
Asked and Answered

CPRA

Are letters to legislators public?

Yesterday I asked a California Senate committee for copies of the opposition letters they received regarding an active bill and shortly thereafter they faxed seven letters to me. So far so good, but on three of the letters the identity of the writer was redacted. (The other four letters were from organizations, and their […]

July 14, 2014
Asked and Answered

CPRA Police Records

Denied access to file detailing code violations

[…] evidence that the City’s has gathered on my property, it was denied stating that the case is still open and considered an active investigation. This matter has gone over a year now. No proof or evidence will be provided, but they are happy to fine me every single day until I comply with their ultimatum.

December 26, 2011
Asked and Answered

CPRA

My CPRA request was denied due to “attorney-client privilege”

[…] the California Public Records Act (CPRA) is to increase freedom of information by providing access to information in the possession of public agencies. To implement this policy, Government Code section 6253, subdivision (a) provides all persons with the right to inspect any public record maintained by state or local agencies, subject to various enumerated […]

September 14, 2015
Asked and Answered

CPRA

Agency missed CPRA request deadline

[…] at the FAC's web site at http://firstamendmentcoalition.org/category/resources/access-to-records/. Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation. Access to Records

October 12, 2010
Asked and Answered

CPRA

Same fees assessed for electronic data as photocopies

[…] agency must be able to demonstrate how it calculated those costs using real data. 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 but cannot provide specific legal advice or representation.

March 23, 2012
Asked and Answered

CPRA

City Records–what does the CPRA say on security, period of retention, availability?

[…] they were lost. Enough records, were excluded, that there is a larger indication, that the records purposely withheld, than of being lost. As a question: What prevents a government from using the excuse of "lost," in every request for government documents, requested? Unavailable documents, are unavailable, right? For a simple request of accountability for … normal […]

July 20, 2016
Asked and Answered

CPRA

Can I access documents from State License Board investigation?

[…] owned, used, or retained by any state or local agency." Govt. Code § 6252(e). Public records are presumed open unless they fall into a statutory exemption under Government Code section 6254. Unfortunately, state or local investigatory files for licensing purposes are generally exempt from disclosure under California’s Public Records Act, and remain exempt even […]

February 23, 2015
Asked and Answered

CPRA

How can copy fees vary from agency to agency?

[…] for the bid results, evaluation results and winning bidders proposal. I received a letter back stating that I had to pay $0.50 per page when I normally pay $0.10 per copy from government agencies. Is this correct? Also, why do most agencies just email it to us at no cost and some say they can’t?

September 5, 2011