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Asked and Answered

CPRA

No oversight when councilmembers compile emails in response to record requests

[…] Manager's office presumably has access to the Council member's electronics documents, through the City's servers. This process strikes me as a violation of the spirit of the Brown act, because it does nothing to prevent the Council member from destroying or failing to supply records, or to assist the public in discovering when this […]

November 8, 2013
Asked and Answered

CPRA Police Records

Is law enforcement body camera footage a public record?

[…] which means, presumptively, body camera footage would be subject to disclosure unless some other exemption applies. In California, however, police investigatory records are exempt from disclosure under Government Code § 6254(f). Thus, to the extent that the requested footage has become part of a police investigation, then it likely would be exempt from disclosure under the […]

January 19, 2015
Asked and Answered

CPRA School Records

CPRA and “Prompt” Production of Records

[…] v. Dep't of Gen. Servs, the court found an initial production within two weeks of a request was timely. 55 Cal. App. 4th 1340, 1349–51 (1997). However, Government Code section 6253(d) requires, "Nothing in this chapter shall be construed to permit an agency to delay or obstruct the inspection or copying of public records." […]

May 23, 2018
Asked and Answered

Brown Act Newsgathering

Inadequate notification of Special District meetings

[…] so that they may decide whether they wish to attend. In addition, the California attorney general's office has concluded that under the 72 hour notice requirement, agencies must post their notices in locations which are accessible 24 hours a day for the 72 hours prior to the meeting. Thus, an agency may not post […]

June 14, 2009
Asked and Answered

CPRA

Can I use information revealed in closed session, or is it privileged?

[…] classes. In response, I filed two whistle-blower complaints against the Community College District and several of its employees. Immediately, the District unlawfully retaliated by threatening me with disciplinary action, saying that two employees had filed negative workplace complaints arising from my series of emails listing my complaint. The District repeatedly refused to say who complained […]

September 1, 2016
Asked and Answered

CPRA Police Records

Are police informant contracts subject to the PRA?

[…] description, since it’s not something that is pertinent to the investigation itself. The police department might also claim some other exemption – for example, the "catch-all" exemption, Government Code § 6255, which is a broad, yet undefined, exemption that provides that a record may be withheld if, on the facts of the particular case, […]

April 27, 2016
Asked and Answered

Newsgathering

Can police videotape me in my home without consent?

[…] (a) (full text below). The term "person" in the statute is defined to include "an individual acting or purporting to act for or on behalf of any government or subdivision thereof," which would seem to include law enforcement personnel. Penal Code § 632 (b). Note, however, that there are a number of carve-outs related […]

December 2, 2011
Asked and Answered

Newsgathering

Can police use hidden cameras to videotape the public without consent?

[…] (full text below in italics).The term "person" in the statute is defined to include "an individual acting or purporting to act for or on behalf of any government or subdivision thereof," which would seem to include law enforcement personnel.Penal Code § 632 (b). Note, however, that there are a number of carve-outs related to […]

October 26, 2011
Asked and Answered

CPRA

What is the CPRA rule regarding retention of emails?

As far as the CPRA is concerned, I filed for any emails concerning media policy and the district told me that emails are only archived for four years. Is that legal? Is there a statute of limitations on how far back public agencies must keep emails on file?

April 1, 2015
Asked and Answered

CPRA

CPRA request won’t be fulfilled unless we show documents we’ve already received

[…] messages contained on personal devices such as smartphones are subject to disclosure under the Act. The issue was litigated in 2013, and in a trial court victory for government transparency, the judge ruled that the Act applies to government officials’ emails and texts about government business, even if such messages were sent or received using […]

June 16, 2016