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Asked and Answered

CPRA

Are cast ballots public records?

[…] applies to election ballots. However, there may be other laws, such as those found in either California or federal election statutes, which are incorporated into the CPRA under Government Code § 6254(k), that might prevent disclosure. I quickly searched the California Election Code to see if I could find an express exemption and turned up […]

September 3, 2016
Asked and Answered

CPRA

Is gender of foster care staff public information?

[…] of the BRV test above (as counsel should have done in the first place). 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.

August 13, 2014
Asked and Answered

CPRA Police Records

How can I get the police dept. to release a shooting report?

The local police department is refusing to release a report on a shooting. Many months have passed since the incident. They give no explanation for their actions. What would be the best way to proceed to get them to release the report?

September 30, 2011
Asked and Answered

CPRA Police Records

Police refuse to release names of individuals who bought stolen laptop

Unfortunately, the Public Records Act does provide the police with the discretion to withhold witness names under Government Code§ 6254(f). Under the Act, police investigatory records are generally exempt from disclosure, except that certain information is required by to be disclosed by law enforcement agencies regarding a particular incident, e.g., the name and addresses of […]

December 12, 2014
Asked and Answered

Brown Act

School Boards, Closed Sessions, and Student Files

[…] advance notice of its intent to discuss any part of the matter in closed session. As long as the item was adequately described on the agenda, the Brown Act requires the school district to disclose, in the open meeting, "the item or items to be discussed in the closed session." Cal. Gov. Code Sec. […]

June 14, 2009
Asked and Answered

CPRA Police Records

Police Records and Investigation Files

[…] 10 days of your original request. The department's written response must specify the PRA's exemptions that the department is relying on to refuse releasing the records. (see Government Code section 6255). If only a portion of the records you have requested are exempt, the department must release any records that are not exempt. I […]

June 14, 2009
Asked and Answered

CPRA Newsgathering Police Records

Police blotters and the CPRA

[…] days. I said okay, and went back to check the public records laws. Is it true that police blotters (or incident logs with all the basic information) must be made available daily or whenever we request to see them? I also noticed the descriptions on the blotters were nonexistent. There is only a phrase […]

June 14, 2009
Asked and Answered

CPRA

Outside City Lawsuit Settlements

[…] earlier this year about the City's obligation to make the settlement agreement public, under the Public Records Act ("PRA"), records in the possession of state and local government entities are presumed to be public unless one of the PRA's enumerated exemptions to disclosure applies. See Cal Govt Code Section 6252. I know of no […]

June 14, 2009
Asked and Answered

CPRA

JPA/private company partnership and the CPRA?

If a city formed a joint powers association with a private company, is this joint powers association subject the California Public Records Act? Can any member of the public get access to the records if the records are kept by the private company?

June 14, 2009
Asked and Answered

Brown Act

Is a contracted City Attorney a city employee?

[…] employee or to hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session." Gov't Code § 54757(b)(1). Government Code section 54957(b)(4) provides, in part, as follows: "For the purposes of this subdivision, the term "employee" shall include an officer or an independent contractor who […]

June 14, 2009