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Asked and Answered

CPRA

Using CPRA to learn rules governing Resort Improvement District #1

[…] You can find a sample public records request letter. 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. sample public records request letter

July 22, 2013
Asked and Answered

CPRA School Records

Public Records Act Request Denied Due to Inability to Redact “Deliberative Material”

[…] wording of the code that states: "If a record contains both factual and deliberative materials, the deliberative materials may be redacted and the remainder of the record must be disclosed." They rejected this claim stating that "Board Informatives are directly correlated to the deliberative material and redactions would not apply" as the "factual material […]

February 20, 2018
Asked and Answered

CPRA

Public Universities, Listservs, and Destruction of Records

Destruction of public records is governed by Cal. Government Code Section 6200, which specifies that: "every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his or her hands for any purpose, is punishable […]

June 14, 2009
Asked and Answered

Brown Act

City Council Action in Secret

Under the Brown Act, a city council is not supposed to take any action in secret, except where the matter can be discussed in closed session, and even then the council is required to disclose any action taken in closed session. See generally Gov't Code section 54953(c) and 54957.1. Consequently, if a vote of […]

June 14, 2009
Asked and Answered

CPRA Police Records

Can I Use the CPRA to access investigative files?

[…] request letter, on the FAC's website at Access to Public Records 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. Access to Public Records

March 26, 2015
Asked and Answered

CPRA

Coastal Permit access under PRA

[…] Act, including a sample request letter, at the First Amendment Coalition website: Public Records 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.

April 29, 2016
Asked and Answered

CPRA

CPRA request for animal shelter euthanasia log redact staff members names

[…] to accept stray dogs, and the shelter has chosen euthanasia as a means to meet that mandate, I would think that the performance of euthanasia is clearly the conduct of the people’s business and not in any way a personal or private activity. Is there any case law that would directly apply to this situation?

December 12, 2015
Asked and Answered

CPRA Police Records

City Surveillance Cameras and Public Records Law

[…] retained by any state or local agency regardless of physical form or characteristics," Gov't Code Section 6252(e) -- are presumed to be open to the public and must be disclosed unless a specific provision of the Act or other law exempts them from disclosure. "Writing" includes not only writings in the traditional sense,but "every […]

November 20, 2009
Asked and Answered

FOIA

Can TSA deny company public information under FOIA?

The Freedom of Information Act requires that a government agency produce existing records that are not otherwise exempt. 5 U.S.C. § 552(a)(2). The FOIA applies to existing documents, but nothing in the act requires that an agency produce or compile new records for the benefit of the requesting party. If an agency denies an individual’s […]

August 11, 2014
Asked and Answered

CPRA Police Records

Public Record, and 911 Call Logs

[…] California Supreme Court said that, in enacting the California Public Records Act (CPRA), "the state Legislature ... limited the CPRA's exemption for law enforcement investigatory files," in Government Code § 6254(f), "by requiring agencies to disclose specific information derived from the materials in investigatory files rather than the materials, themselves." Thus, the Court said, […]

June 14, 2009