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Asked and Answered

CPRA FOIA Police Records

Obtaining concluded investigative reports

Can an individual obtain through the freedom of Information Act a law enforcement investigation report that has already been concluded? December 8th, 2004 through December 26th, 2004. It was a shooting accident among law enforcement personnel at a shooting range in Northern California.

June 14, 2009
Asked and Answered

CPRA

What rules must agencies follow when redacting public documents?

[…] agency must or chooses to redact some information from the responsive record(s)? If the public must pay a fee for simply accessing and viewing records, may county governments charge more than the direct cost of reproducing the records? (Following that, and along the lines of [1], since search and retrieval costs are not allowed, […]

March 21, 2012
Asked and Answered

CPRA

Access to government officials’ email on personal account

Suppose a public official advises certain persons to communicate with him at home -- either by email or letter -- in order to avoid having to disclose any of those communications as public records under the California Public Records Act? Would those records, in fact, be exempt from the PRA?

June 8, 2009
Asked and Answered

First Amendment

Threatened with expulsion for posting on public college online forum

[…] subjecting a student to disciplinary sanction solely on the basis of conduct that is speech or other communication" that, if engaged in off campus, is protected from government restriction by the First Amendment. First Amendment principles generally come into play whenever a government actor attempts to restrict speech.Whether there is an actual constitutional violation, […]

May 18, 2015
Asked and Answered

CPRA

Is US’s federally-funded research exempt from CPRA?

[…] the Public Records Act, including a sample request letter, on the FAC’s website here: 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 19, 2014
Asked and Answered

CPRA Police Records

Are CPRA exemptions discretionary?

[…] for a pending case may obtain a copy of the crime report through the discovery process at the court. A suspect may obtain a copy of a crime report after the case has been adjudicated. Redactions will be made to comply with state and federal law. Shouldn't they be considering requests on an individual basis?

August 21, 2012
Asked and Answered

CPRA

Is a Salary/Wage Review Really A “Trade Secret”?

[…] Their response was, "Said records are not subject to public disclosure as they constitute valuable trade secrets of the District which if disclosed to competitors could undermine the District's efforts to recruit and retain qualified employees (California Government Code Section 6267 and California Evidence Code Section 1060)." Is this in fact truly a trade secret?

July 2, 2010
Asked and Answered

CPRA

City finds many ways to deny CPRA requests for emails

[…] (specifically email) outside the 30-day window even though that email still exists on city servers and are not deleted. Is this permissible under the California Public Records Act? Also we believe but cannot prove that the city manager is playing a role in determining which email we can see or not see with the […]

May 31, 2013
Asked and Answered

First Amendment

Are Neighborhood Associations protected under the First Amendment?

My City’s Code creates a system of Neighborhood Associations and, above them, a tier of District Coalitions. The NAs and DCs are quasi- governmental bodies supported and funded by the City to assist with neighborhood-level governance and participation in city decision-making; however, they have non-profit status. One of the NA board members is facing litigation […]

April 22, 2016
Asked and Answered

CPRA

Can An Agency Provide Requested Records But Deem Them “Confidential”?

Is it legal for a government attorney to mark a PRA response as being "Confidential"? Confidential is followed by "Note: This media is intended to be viewed by certain individuals. It may contain information that is privileged or protected from disclosure by law. If you are not the intended recipient, any action in reliance […]

February 5, 2018