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Asked and Answered

CPRA

Pending Workman compensation claims

The answer to your question depends on where the claims are filed. If they are filed with a governmental agency, then the claims themselves would be considered public while they are pending. See Poway Unified School District v. Superior Court, 62 Cal. App. 4th 1496 (1998) (tort claim submitted to school district was a […]

June 14, 2009
Asked and Answered

CPRA

Duplication fees for non-paper records

[…] District is permitted to charge more than just "material costs" for the CD copy, $7 per CD copy is not necessarily inconsistent with the law. The charge must, however, be limited to the "direct costs" of duplicating the CD, and cannot include any costs associated with the retrieval or review of the CD file, […]

June 14, 2009
Asked and Answered

CPRA First Amendment Police Records

CPRA has time limits on public document’s is availability?

[…] criminal cases from the 1970s and '80s. This information pertains to the who, what, when, where, etc. of the cases I'm researching. Based on my reading of Government Code Section 6254(f), the information I'm requesting is not investigatory in nature and is fair game under the California Public Records Act. Moreover, all of the […]

March 30, 2015
Asked and Answered

Newsgathering

Two-weeks notice before campus photographers can take pictures in bookstore

[…] National Press Photographers Association (www.nppa.org) to see if they have encountered it. Bryan Cave 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.

October 22, 2013
Asked and Answered

CPRA

CPRA request filled, but witnesses names were redacted

Under the Public Records Act, as the victim of an incident, you are entitled to certain information relating to the incident, including "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 of the incident, all diagrams, […]

March 31, 2015
Asked and Answered

CPRA

Withholding “Requests for Proposals” from the public

[…] Their response as to why they cannot show the old RFP's: "Because the solicitation was canceled and an award was not made, the contractor proposals do not become public record and therefore are not available for viewing." I find no justification for this action in sec. 6254 of the California Public Records act. Any opinions?

June 5, 2010
Asked and Answered

School Records

Accessing information on claims against school district

The issue of access to Tort Claims Act claim forms has come up in several cases. It is by now clear that claim forms are not exempt from disclosure under the pending litigation exemption (Gov. Code section 6254(b). In Poway Unified School District v. Superior Court, 62 Cal. App. 4th 1496 (1998), the California […]

June 14, 2009
Asked and Answered

Newsgathering

Do reporters have to sign in at public schools?

[…] that people who are not pupils, parents, or employees of a public school, and who are not required by their employment to be at a public school, must leave the school if requested to do so by the principal or the designee of the principal. A request that someone leave the school can only […]

June 14, 2009
Asked and Answered

CPRA

Cal Expo Data

[…] have the data, there should be no cost for reproducing the data. It appears that my right to use the data is covered under the California Records Act. However, I'm attempting to ensure that there isn't a reason why this would be proprietary or otherwise wouldn't be accessible to me, or anyone else for […]

June 14, 2009
Asked and Answered

CPRA

University of California Collections

[…] legal dept at UCLA insists that while they have no idea who is the legal owner of the archive, since they are "the possessors", that they are not allowing access to it anymore, as of last week. I believe this widely-known scientific study should fall under the Public Records Act and be made available (again).

June 14, 2009