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Asked and Answered

CPRA Police Records

Police refuse to release report on shooting

The police are refusing to release a report it is doing 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?

October 31, 2011
Asked and Answered

CPRA

School district denies request for annual audit

[…] scrutinizing the process leading to the selection of the winning proposal," such scrutinization can just as effectively take place after the negotiations are completed but before the government agency approves the contract. Michaelis, Montanari & Johnson v. Sup. Ct., 38 Cal. 4th 1065, 1073 (2006). While you may be able to distinguish the facts […]

July 27, 2011
Asked and Answered

CPRA

CPRA request denied for city employee’s college grades

[…] Act (FERPA), 20 USC section 1232g; 34 CFR Part 99, is a federal law that sharply limits the ability of educational institutions receiving funds form the federal government -- which is essentially all public and private educational institutions in the country -- from releasing student academic records without the consent of the adult student […]

June 7, 2013
Asked and Answered

CPRA Newsgathering Police Records

Does the CPRA allow access to mugshots?

[…] standard reasoning for the exemption: "Based on your request for ‘the mug shot of the suspect arrested this morning for the fatal hit and run,’ the City must deny your request for the following reasons: Police Records: Records of complaints to, or investigations conducted by, or 1. records of intelligence information or security procedures […]

December 23, 2012
Asked and Answered

CPRA

Is it legal to charge fees for viewing a transcript?

[…] attorneys' fees are available should you be required to take court action. 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.

October 21, 2011
Asked and Answered

First Amendment

1st amendment right to porn denied by senior center

[…] said, there are several conditions under which the the dissemination of non-obscene sexual materials may nevertheless be restricted. First, the First Amendment restricts only the acts of government. Thus if the senior center is a private facility, and not run by the government, the senior center would be free to adopt its own policies. […]

June 10, 2013
Asked and Answered

First Amendment Social Media

High school impeaches student president over Facebook rant

[…] Sch. Dist. v. Kuhlmeier, 484 U.S. 260, 266 (1988) ("A school need not tolerate student speech that is inconsistent with its basic educational mission, even though the government could not censor similar speech outside the school."); Bethel Sch. Dist. No. 403 v. Fraser, 478 U.S. 675, 682 (1986) ("The constitutional rights of students in […]

July 28, 2011
Asked and Answered

Court Records CPRA Police Records

Denied access to supervision records of high-risk parolee

[…] records of supervision for a high-risk parolee who is accused of murder. I sent a public records request and received a rejection letter that cites dozens of government codes in its defense. But I wonder if there's a way to fight that rejection. After all, that information has become public in several high-profile cases […]

November 30, 2011
Asked and Answered

CPRA

Agency won’t provide records in electronic format

[…] format, then it should give those files to you in that format. 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.

August 18, 2010
Asked and Answered

CPRA Police Records

Police refuse request for incident report from peaceful protest

[…] regarding my complaint was "non sustained." It gave me NO responses to my detailed request in the formal request. On July 29th I filed a CA Records Act request "to inspect and obtain" the investigation into my formal complaint as well as dispatch log information which resulted in the deputies responding to our location […]

September 9, 2011