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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
Asked and Answered

CPRA

What is a Draft? How does that affect Public Records Requests?

To withhold the report as a"draft," the city must meet a 3-part test set out by the California Court of Appeals: (1) it must show the report is"predecisional" -- i.e., it was prepared to aid the city in making some other decision; (2) it must show the report is not something that the city […]

June 14, 2009
Asked and Answered

CPRA

Title IX Compliance Report

Someone filed a complaint in 2007 alleging that the School District has failed to comply with Title IX of the Amendments to the Elementary and Secondary Education Act of 1972. Then OCR, the agency responsible for compliance with Title IX within the US Department of Education contacted the district and the district filed what […]

June 14, 2009
Asked and Answered

CPRA

Can I be charged fees for downloading court records posted online?

[…] records remotely, it may be that this provision does not quite fit the situation. 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 4, 2014
Asked and Answered

CPRA

PRA request from the California Engineer Board

[…] § 6253.1. You can learn more about the PRA on the FAC website: 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.

April 14, 2016
Asked and Answered

CPRA

CPRA for personal medical record

I recently submitted a CPRA request inquiring about my personal medical record. The CPRA was accepted but certain information that I requested was forwarded to several medical departments, requiring their consent to disclose. If a document is not responded to through a CPRA, what are my further options, or entitlements (preceding an expensive court action)?

April 20, 2016
Asked and Answered

CPRA Police Records

Are police dashboard-cam videos exempt from the CPRA?

[…] video was indeed part of a police investigation – either relating to the juvenile or the officer – then the police department can claim an exemption under Government Code 6254(f). And, even more unfortunately, once a record becomes part of an investigatory file, it is exempt from disclosure forever under the Public Records Act, […]

March 18, 2015
Asked and Answered

CPRA

Tax collector withholding documents

[…] of information does not necessarily mean that it would apply to exempt this kind of information in the hands of your County Tax Collector's Office. This exemption must be applied on a case by case basis. The California Supreme Court has stated that "this provision contemplates a case-by-case balancing process, with the burden of […]

July 16, 2009
Asked and Answered

CPRA

Are letters to legislators public?

Yesterday I asked a California Senate committee for copies of the opposition letters they received regarding an active bill and shortly thereafter they faxed seven letters to me. So far so good, but on three of the letters the identity of the writer was redacted. (The other four letters were from organizations, and their […]

July 14, 2014