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Asked and Answered

CPRA Police Records

Sheriff’s office denies access to 2004 arrest documents saying too much time has elapsed

[…] their Discovery Officer that my request would be denied because the records are so old and I’m no longer entitled to the information under the Public Records Act. She cited 6254 f(1) and (2) which I understand entitles me to certain information (bail, arrest time, location etc.) She also mentioned a case entitled Kuzar […]

October 4, 2011
Asked and Answered

CPRA Police Records

Accessing police Internal Affairs reports

Government Code Section 6254.7, part of California's Public Records Act, relates to air pollution, housing code violations, and trade secrets, and is probably not the provision you have in mind.Section 6254(f), also part of the PRA, exempts from disclosure most records of investigations conducted by police agencies (see below for text of Section […]

September 20, 2010
Asked and Answered

CPRA FOIA Police Records

Online arrest records no longer show violations

[…] from disclosure by section 6254, subdivision (f). The amendments are in keeping with the original, shared purpose of the CPRA and FOIA to provide public access to government information." S. Coast Newspapers v. City of Oceanside, 160 Cal.App.3d 261, 269 (1984). There may be temporal limits, however, to the release of such information. The […]

November 17, 2009
Asked and Answered

First Amendment Social Media

Suspended from job for posting negative comment on personal, private Facebook page

The First Amendment acts as a restriction only on the government. It does not restrict the actions of private entities or individuals (except that private individuals and entities may be indirectly limited in that their ability to receive relief from a court will be restricted). Therefore, when a nongovernmental employer takes action against an […]

February 16, 2012
Asked and Answered

CPRA

DMV denied request for records previously accessed. What should I do next?

[…] and confidential. Reasons listed for the denial: Gov. Code 6254, subdivision (k), as that section interacts with Evidence Code section 1040 (privileged official information), (2) pursuant to Government Code section 6254, subdivision (f), as intelligence or security information for licensing purposes, and (3) pursuant to Government Code section 6253.9 as information that would compromise […]

August 19, 2010
Asked and Answered

CPRA

As a retired public employee, can I access my payroll records using the CPRA?

[…] the IPA. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to inquiries, we can give general information regarding open government and freedom of speech issues but cannot provide specific legal advice or representations. I apologize for the long delay in responding to your inquiry.

May 16, 2012
Asked and Answered

First Amendment

Are words chosen for tombstone protected speech or can a Public Cemetery District censor them?

[…] the space at issue (in this case, the cemetery), as well as whether the restrictions at issue are content-based or content neutral. As to the "forum" analysis, government property is generally either a public forum, either by tradition or designation (i.e., sidewalks, parks) or a nonpublic forum. In a public forum, conduct is protected […]

October 4, 2011
Asked and Answered

CPRA School Records

Employment documents of officials

Can I request under the Public Records Act the resume and application for employment of a school district Superintendent and Assistant Superintendent. I have an interest only in the prior employment history and will assume the private data (address etc). will be blocked out. My interpretation of 6254(c) is that prior work history is […]

June 14, 2009
Asked and Answered

CPRA

Destroying public records under the CPRA

Under what circumstances can government agencies (i.e., a city government) destroy records? I see requests to destroy records from time to time on City Council agendas and this piqued my interest. One recent item stated that said records were "at least two years old" and ready to be destroyed. That seems odd but I […]

June 14, 2009
Asked and Answered

CPRA School Records

CPRA and student records

Do student records qualify as records whose disclosure is exempted pursuant to Federal law (FERPA) under the Ca. Public Records Act?If so, can I waive my right to privacy or is that exempted under FERPA so that I can make a Ca. Public Records request for these records?Would charges against a student (non-law enforcement […]

June 14, 2009