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Asked and Answered

First Amendment

Can Home Owners’ Association Prohibit Political Signage?

[…] situation. Bryan Cave Leighton Paisner 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. No attorney-client relationship has been formed by way of this response.

January 19, 2021
Asked and Answered

CPRA

Is CPRA 10-day deadline measured in calendar days or weekdays?

The 10-day period referred to in Government Code section 6253(c) of the Public Records Act refers to calendar days, so weekends should be counted in your calculation as to when you should have received a response. The PRA does not require any waiting period between the time you send your original request and when […]

August 23, 2010
Asked and Answered

FOIA

Making a FOIA request to the Dept. of Homeland Security

[…] Coalition: http://www.nfoic.org/states The FOIA Project (Transactional Records Action Clearinghouse): http://foiaproject.org 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 11, 2011
Asked and Answered

CPRA Police Records

Police deny journalist’s request for suicide report

[…] to another, to sell a product or service to any individual or group of individuals, and the requester shall execute a declaration to that effect under penalty of perjury. Nothing in this paragraph shall be construed to prohibit or limit a scholarly, journalistic, political, or government use of address information obtained pursuant to this paragraph.

April 2, 2010
Asked and Answered

CPRA Police Records

Obtaining investigative files

[…] unlikely that the police agency will release, or allow you to see, the surveillance video they have confiscated in connection with their investigation about the fatal shooting.California Government Code section 6254 of the California Public Records Act exempts certain categories of public records from disclosure, including certain law enforcement information. Specifically, California Government Code […]

June 14, 2009
Asked and Answered

FOIA

Non-response to FOIA request

[…] records sought.The appeal to the head of the agency is a simple matter.An appeal is filed by sending a letter to the head of the agency and must identify the FOIA request that is being appealed.5 U.S.C. § 552(a)(6)(A)(ii).Please look at each agency's FOIA appeals procedures for additional details required for administrative appeals.You can […]

June 14, 2009
Asked and Answered

CPRA First Amendment Newsgathering Police Records

Investigative files and the CPRA

The records you describe below are exempt from disclosure under the California Public Records Act. Unfortunately, Government Code section 6254(f) permits the government to withhold the following: "Records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of […]

June 14, 2009
Asked and Answered

CPRA FOIA

FOIA precedents and the CPRA #2

[…] or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.(b)(6) EXEMPTION 6 Personal Information Affecting an Individual's Privacy. This exemption permits the government to withhold all information about individuals in "personnel and medical files and similar files" when the disclosure of such information would "constitute a clearly unwarranted invasion […]

June 14, 2009
Asked and Answered

CPRA

CPS (Child Protection Services) records

I would like to gather the records from CPS (Child Protection Services). They said they can only get them from a court order. As I just want them for my records, where can I find links to get these copies, and/or how do I use 'Freedom of Information Act' to get these?

June 14, 2009
Asked and Answered

CPRA

CPRA fees and information in electronic form

[…] laptops to each other, especially during the periods of council meetings for the last two months, the city has responded thusly:Pursuant to the California Public Records Act Government Code 6253.9 b. 2 the following fees are associated with fulfilling your request: Contract Staff time to extract stored email ($45/hr x35 hrs) = $1,575.00 Recall […]

June 14, 2009