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Asked and Answered

CPRA School Records

Accessing a school district’s settlement agreements

[…] I should also mention that when no specific exemption applies, agencies often attempt to withhold records from public disclosure by citing the Act's "catch-all" exemption, contained in Government Code § 6255(a). This exemption states that in order to justify withholding a record, the agency must show that "on the facts of the particular case […]

January 20, 2012
Asked and Answered

First Amendment

Can my city require six days notice for a permit to picket or is that prior restraint?

[…] Francisco, 952 F.2d 1059, 1065 (9th Cir. 1991) (quoting Frisby v. Schulz, 108 S. Ct. 2495, 2499 (1988).This means that when public streets are at issue, "the government's authority to restrict speech is at a minimum."Gaudiya, 952 F.2d at 1065. In order to restrict speech in a public forum, the restrictions must be content-neutral […]

October 7, 2011
Asked and Answered

CPRA

Can I access attorney’s retainer agreement and invoices via the Public Records Act?

[…] § 6255(a). If I am understanding your question, you are trying to get records relating to an invoice and retainer agreement with outside counsel hired by a government agency. Agencies may claim such documents are exempt from disclosure under the pending litigation exemption contained in the Public Records Act under Government Code section 6254(b), or […]

July 2, 2015
Asked and Answered

CPRA

Denied access to letters of complaint regarding Airbnb rentals

[…] letters that were anonymous and heavily redacted. I filed a grievance with DONE (Dept. of Neighborhood Empowerment, the Neighborhood Council's oversight committee). DONE instructed the Council to comply. They have not. I subsequently submitted a second PRA for all correspondence on this issue – to stakeholders, press, each other, etc. They have not complied. […]

March 13, 2014
Asked and Answered

First Amendment

Can peaceful picketing be stopped by the event’s promoter?

[…] they said there was nothing they could do. We are currently waiting on court to fight this order. I was wondering if this order of protection can actually take our constitutional rights away or would the first amendment "quash" the order of protection? The order doesn't state how many feet it just states that […]

March 18, 2015
Asked and Answered

First Amendment

Do trade publications have same speech protections as other journalists?

[…] motivation for the speech.Bolger v. Youngs Drug Products, Corp., 463 U.S. 60, 66-67 (1983). In Central Hudson, the Court articulated a four-part test for determining whether the government may regulate commercial speech, which involves: (1) a determination of whether the advertising is false or deceptive, (2) whether there is a substantial governmental interest in […]

September 28, 2011
Asked and Answered

CPRA

Can I request public staff time cards?

[…] be made public. See International Federation of Processional Engineers v. Superior Court, 42 Cal. 4th 319, 331 ("he 'broadly based and widely accepted community norm' applicable to government employee salary information is public disclosure"). Likewise, the California Court of Appeal has held that "information as to the education, training, experience, awards, previous positions and […]

September 26, 2011
Asked and Answered

CPRA

What rules apply to searching DMV database?

[…] told it was a "family court issue." Also, I recently requested documents from the agency where my ex resides, which in part stated: "Under the California Records Act (Govt. Code 6250-6270), I am requesting the following documents and information from your department: All criminal reports, incident reports, and investigation reports relating to suspect/involved party; […]

December 7, 2010
Asked and Answered

CPRA

Does a councilmember use of personal email address mean all messages are exempt?

[…] was wondering if a city councilmember uses his personal email address as his primary source of contact, lists it on a city’s website as his email address, if any communication done on that email address is still exempt from the California Public Records Act? Is any legislation is coming down the line to address that?

November 22, 2011
Asked and Answered

CPRA

How long does the agency have to reply to my records request?

I requested documents regarding disciplinary action taken against me by my employer, a metro department of transportation. It's been more than a month and I've not received a reply. What would be the next course of action?

January 19, 2012