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Asked and Answered

CPRA Police Records

Can City Attorney Withhold 911 Call Transcripts?

[…] report a possible crime and the department's response thereto." Haynie v. Superior Court, 26 Cal. 4th 1061, 1064 (2001). The Supreme Court held that the exemption in Government Code section 6254(f) for "records of investigations," like the exemption in the same section for "records of complaints" to law enforcement, allows law enforcement to withhold […]

March 8, 2010
Asked and Answered

CPRA

Is A Public Agency Required to Disclose Names of Board Member Applicants?

[…] turn operation of the hospital over to a nonprofit corporation, which will consist of hospital district directors, the chief of the medical staff, and three appointees. The hospital board is in the process of picking the appointees. It also must fill a vacancy left by a resignation of one of the elected district hospital board.

February 23, 2018
Asked and Answered

First Amendment

Yelp violates right to freedom of speech by “filtering” good reviews out, leaving bad ones in!

[…] not be useful to invoke the First Amendment in this situation. The reason for this is that, generally speaking, the First Amendment governs speech restrictions imposed by government actors rather than private parties. That is, the First Amendment might preclude a government agency from interfering with my handing out flyers in a public square, […]

May 16, 2012
Asked and Answered

CPRA

is there a deadline for filing suit over denial of requested records?

[…] consider filing a lawsuit sooner rather than later so as to avoid any claim by the agency that the lawsuit was untimely and therefore should be dismissed. Government Code Section 6259 allows you to file a lawsuit. Lawsuits to enforce the PRA are usually initiated by a verified petition (i.e. a request filed under […]

June 5, 2017
Asked and Answered

CPRA

Appeal of Superior Court Denial of Writ of Mandate Under Public Records Act

I am litigating a public records act petition for writ of mandate in Superior Court. The tentative initially went in my favor, but after oral argument, the court reversed its position and denied my petition outright. I am considering an appeal. Are appeals of petitions for writ of mandate under the PRA discretionary, […]

April 10, 2018
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

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