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Asked and Answered

CPRA

Traffic Accident and DMV Records

Under Public Records Act ("PRA"), public records (which include "any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics," Govt. Code Section 6252(e)), are open to the public unless a specific provision of the PRA […]

June 14, 2009
Asked and Answered

CPRA

Trade secrets in public records

With respect to your questions below: (1) I am not aware of any provision of the Public Records Act that would cause an agency's failure to claim an exemption in an initial PRA response to waive the exemption. Section 6253(c) of the PRA seems to provide for a single "determination" with respect to a […]

June 14, 2009
Asked and Answered

CPRA

Time Frame to Respond to Record Requests

It might be useful to contact the agency and point out the provision of the Public Records Act that specifies that agencies "upon a request for a copy of records, shall, within 10 days from receipt of the request, determine whether the request, in hole or in part, seeks copies of disclosable public records […]

June 14, 2009
Asked and Answered

CPRA

The CPRA…

Under the California Public Records Act ("PRA"), the public has a right to inspect and obtain copies of documents collected or maintained by state or local agencies. The PRA requires agencies to provide you with the documents requested, or notify you that your request has been denied, within 10 days. (Gov't Code § 6253). […]

June 14, 2009
Asked and Answered

CPRA School Records

School employee discipline and hiring records

[…] possible that the school district may cite privacy as a reason to turn down your request, but that doesn't necessarily mean they are correct to do so. Government Code section 6254 provides that " Except as provided in Section 6254.7, nothing in this chapter shall be construed to require disclosure of records that are […]

June 14, 2009
Asked and Answered

CPRA

School administrators and the CPRA

Under the California Public Records Act, "any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics," Govt. Code Section 6252(e), is "open to inspection at all times during the office hours of the state or […]

June 14, 2009
Asked and Answered

CPRA

Requesting surveillance tapes

You can submit a written request under the California Public Records Act (PRA) to the West Hollywood Sheriff's Station for a copy of the surveillance tape from a particular date. Here is a link to a template of a sample letter on CFAC's website: http://firstamendmentcoalition.org/cpra-primer/sample-cpra-request-letter/ It is not clear how long the station has […]

June 14, 2009
Asked and Answered

CPRA School Records

Records Request, Community College, and Time Limits

[…] school is in violation of the PRA because of the delay in getting the records to you, and perhaps directing their attention to Section 6259(d) of the Government Code, which provides that "he court shall award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to […]

June 14, 2009
Asked and Answered

Recording at a Board and Care Facility without Permission

[…] may shed some light on whether you may be able to use video/audio equipment in your mother's room in the private facility she resides. The question that must be answered is whether your mother, or someone else in that facility, has a reasonable expectation of privacy from the outside nonpublic world. As a general […]

June 14, 2009
Asked and Answered

CPRA

CA Police Deny CPRA Request on Six-Month Old Case

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

April 11, 2018