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Asked and Answered

CPRA

Are public records requests public records?

[…] in its possession, these requests would themselves be subject to the Public Records Act. 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.

September 9, 2014
Asked and Answered

CPRA

What does the CPRA say about an agency charging a $48 “clerical fee”?

I'm interested in getting some feedback from someone a little more experienced at filing public records act requests. I'm a little suspicious of the Department of Fair Employment and Housing charging a $48 "clerical fee"although their invoice does not list the amount of pages or mailing fee, implying the search has not yet been done. The request […]

September 15, 2015
Asked and Answered

CPRA

Can an agency’s CPRA defense go beyond the exemptions in the initial denial?

I was recently denied government records based on a single specific exemption to the California Public Records Act. I truly believe these records should be public so I filed a lawsuit myself to compel disclosure. After serving the lawsuit, the head of the agency informed me during a meeting that they may defend the […]

September 16, 2010
Asked and Answered

First Amendment

Threatened with Libel Suit for Email I Wrote Discussing Candidates

[…] to her lawyer. Current officials/candidates were coerced to condemn and shame me. I feel my First Amendment rights were abridged when she used her public influence and government officials to silence and condemn me. I have no form of social media. I don't know how my email was intercepted. I feel I should have […]

February 16, 2018
Asked and Answered

CPRA Police Records

Under CPRA, do I have a right to know who issued a citation?

[…] an agency must show that a provision of the PRA exempts the record from disclosure. The first issue when using the PRA to obtain information from the government is often to identify a record that contains the information you seek. If the name of the issuing officer never appeared on the documents you received, […]

September 10, 2014
Asked and Answered

First Amendment Newsgathering

Press Credential renewal denied by CCAC

[…] Correspondents Association of California ("CCAC") denied your application for a press credential. Your inquiry raises several questions about the First Amendment and, specifically, the ability of the government to regulate free speech and the press. From what I understand, the CCAC purported to deny your application based on Article XI of its by-laws, which […]

April 13, 2016
Asked and Answered

CPRA

Does an email search qualify as “data compilation” under CPRA?

[…] the agency will be required to pay your attorney’s fees. Gov't Code § 6259(d). 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.

April 25, 2016
Asked and Answered

First Amendment Social Media

Blocked and Bullied by City Council Member

[…] might find helpful. 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. No attorney-client relationship has been formed by way of this response.

January 26, 2018
Asked and Answered

CPRA

Prohibiting a citizen from contacting a public agency

[…] person, that employee may direct you to the designated PRA contact person. However, nothing prevents you from contacting public officials. Furthermore, generally speaking, it is unconstitutional for government agencies to prohibit public employees and elected officials from speaking to the public or even from making public comments to the media. There are, however, certain […]

June 14, 2009
Asked and Answered

CPRA

Personnel Privacy and Public Access to Incident Reports

Under the California Public Records Act (CPRA), section 6254(f) of the California Government Code, the agency MUST give to the victims of an incident, or their representative, "the names and addresses of persons involved in, or witnesses other than confidential informants to, the incident, the description of any property involved, the date, time and location […]

June 14, 2009