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Asked and Answered

CPRA

Non-compliance of 10-day rule regarding CPRA

[…] law does not require that the records actually be produced within the 10 days. 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.

March 24, 2013
Asked and Answered

CPRA

Is there a statute of limitations on CPRA cases?

I have read the California Public Records Act and I have been unable to find a statute of limitations. Are you aware of any authorities that indicate how long a plaintiff has to sue under the CPRA?

August 25, 2010
Asked and Answered

CPRA Police Records

Accessing police records on frequent use or misuse of helicopters hovering above my neighborhood

[…] inquire what I can do to obtain a Los Angeles police report. Their website reports are only disclosed to the victims, and references Section 6254 of the Government Code (para. f) which seems to support their limited release. I'm requesting the documents to investigate the use, or misuse, of helicopters in our neighborhood. The […]

February 14, 2012
Asked and Answered

First Amendment

What to do when a government agency requires a permit and insurance to protest

[…] insurance has closely threatened (until preliminarily enjoined) to prevent plaintiffs' protected activity yet that coverage has never had to be called upon, s insurance requirement appears to be a relatively gratuitous burden, "substantially broader than necessary to achieve the government's interest." ( Ward v. Rock Against Racism, supra, 491 U.S. at p. 800 .) Id.

June 14, 2009
Asked and Answered

CPRA

I’m applying to volunteer for the Sheriff’s Dept. Is that form subject to CPRA requests?

[…] and the candor of those who apply." Id. at 164, 172. In your situation, given the PRA is intended to foster disclosure of records held by the government, the default should be that the records could be released to an inquiring member of the public, and therefore you may want to make your decision […]

November 16, 2015
Asked and Answered

CPRA

Are government contractors’ 1099’s disclosable?

[…] their "no such records exist" response and remind them of this requirement. Holme Roberts & Owen 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.

January 17, 2012
Asked and Answered

CPRA

Can public access city’s internal investigation report?

[…] of the investigation has been requested but denied twice because the city says it is an internal investigation and is not available to anyone outside of City government. This investigation would certainly be of interest to the public to see how the investigation was handled and what the outcome was. Please advise if this […]

October 27, 2011
Asked and Answered

CPRA

Is it legal to sell public records for profit?

Can a person request records under the CA Public Records Act and then make money off of the re-distribution of these records? For example, can the records be put on a website that has advertising or can the records be outright sold? Clearly people could still request the records directly from the agency if […]

May 16, 2012
Asked and Answered

CPRA

Are worker’s comp claims public documents?

[…] disclose them in redacted form, under Gov't Code § 6253(a). Holme Roberts & Owen 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.

July 27, 2011
Asked and Answered

CPRA

Are public records requests public records?

[…] in its possession, these requests would themselves be subject to the 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.

September 9, 2014