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Asked and Answered

CPRA Police Records

Denied records of homicide investigation

[…] knew I as a member of the immediate family I had the full right to the file. I sent in a formal request under the Public Records Act but heard nothing back. I followed up and ultimately got to a Sergeant. He said it was largely a factor of time to redact any personal […]

December 23, 2011
Asked and Answered

CPRA

Can City withhold information until it tells City Council members?

[…] later the city manager's office wanted to notify council members before releasing the document to the public. My question: is there any provision in the Public Records Act that allows for that delay? Second, the county elections office refused to provide me with a verbal update regarding what stage they were at in the […]

August 29, 2016
Asked and Answered

CPRA

Records retention and PRA

Suppose I make a request for records from a public agency, but their records retention policy allows the records to be destroyed before the agency produces them. Does the Public Records Act require a suspension of the destruction of records if a request has been made?

April 26, 2016
Asked and Answered

First Amendment

What are the rules regarding free speech and highway signage?

[…] removing the sign. Id. Although these laws impact speech and the highly protected category of political speech it seems likely that a court would find that the government interest in regulating the highways for safety and aesthetic reasons would be sufficient to justify any incidental impingement on speech, particularly given the exception made for […]

October 17, 2013
Asked and Answered

CPRA Police Records

Criminal case files and the Public Records Act

[…] a general description of any injuries, property, or weapons involved." Gov't Code § 6254(f). 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.

July 19, 2012
Asked and Answered

CPRA

CPR request denied because it wasn’t submitted on letterhead

[…] on letterhead is not a valid reason for the agency to deny your request. 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.

February 12, 2017
Asked and Answered

CPRA

Can I be charged $6000 for staff time needed to find and redact requested records?

[…] time spent reacting the forms. They claim that they are authorized to do this because the Business and Professions Code gives them the power to charge the actual costs of creating the records. Can they do that? If they won't relent on the redaction costs, can I get around this by exercising my right […]

March 2, 2016
Asked and Answered

First Amendment

How can I access records on decisions regarding promotions and tenure at UC?

[…] right to petition. The following general information may be useful for analyzing the question. As you seem to know, the First Amendment protects the right to petition the Government for a redress of grievances. The Supreme Court has "recognized this right to petition as one of ‘the most precious of the liberties safeguarded by the […]

July 3, 2015
Asked and Answered

CPRA

Did Prop. 42 eliminate fees for public records?

[…] Records Act, but strengthens the mandate requiring local governments to comply with the Act. 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.

October 12, 2014
Asked and Answered

CPRA

CPRA request for state agency’s contracts granted, but price-tag redacted

[…] applies to the specific contract amount information you seek. 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. Public Records Act(text)

March 25, 2013