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Asked and Answered

CPRA

Access to coroner’s report

I am unaware of any provision of the Government Code relating to coroners and coroners’ records that makes a coroner’s report confidential or precludes public disclosure of the coroner’s records, with the exception of limitations imposed on the disclosure of privileged communications of a decedent obtained by subpoena. Cal. Gov’t Code § 27491.8. Because […]

June 14, 2009
Asked and Answered

CPRA

Access to Coroner’s Files

It may be that you are entitled to certain records related to the issues you raised with the coroner's office under California's Public Records Act. This Act, Govt. Code Section 6260, et seq., provides that "[p]ublic records are open to inspection at all times during the office hours of the state or local agency […]

June 14, 2009
Asked and Answered

CPRA

Acceptable fees for public records

[…] of the District, The County tells me the District will be charged for the time it takes to provide the information. The request is for 10 pages or less of information. I have offered to pay for the actual copying. I was told the District would be billed 75.00+ for staff time. Is this allowed?

June 14, 2009
Asked and Answered

CPRA School Records

Request for candidate’s college degree requires authorization?

[…] and pay the required fee $10.00. You will also need to present an authorization letter with signature from the [former student whose records you request]. The letter must contain the following information: Complete name SSN or CWID Where you want the degree or enrollment verification sent to. Please note it is one or the […]

February 5, 2011
Asked and Answered

CPRA

Written correspondence to and from officials as public record

[…] City Council are considering a policy requiring council members to make public all written correspondence including email rec'd from private citizens regardless of its content, citing the Brown Act and the desire for a more "transparent" city gov't. A number of citizens believe that this is a violation of their 1st Amend & privacy […]

June 14, 2009
Asked and Answered

CPRA

How can my records request meet deadline if staff assigned is on vacation?

[…] litigation motivated the defendant to release the records. Motorola, 55 Cal. App. 4th at 1344.) Bryan Cave 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.

September 11, 2015
Asked and Answered

CPRA Police Records

Police Reports and the CPRA

[…] If the report was filed against me am I entitled to a copy? I have had approx 50-75 police reports filed against me by my insane neighbor and I am preparing to file legal action. I need the police reports for evidence. How do I get them? The police will not give them to me.

June 14, 2009
Asked and Answered

First Amendment

Government facilities available for public use

The situation you have described does not necessarily constitute a violation of the Establishment Clause of the First Amendment. The Supreme Court has ruled that where a government body makes its facilities available for use as a public forum, it cannot discriminate against groups that seek to use the facilities for religious purposes. See […]

June 14, 2009
Asked and Answered

First Amendment

Can cities discriminate between political and commercial signs on public property?

In public forums, such as sidewalks, streets, train and railway stations, and parks, the government must bear an extraordinarily heavy burden to regulate speech in such locales. Grossman v. City of Portland, 33 F.3d 1200, 1204 (9th Cir. 1995). With respect to public forums, the government has the right to establish regulations on the […]

June 14, 2009
Asked and Answered

CPRA

Access of relatives to murder investigation files

[…] enumerated exemptions to disclosure. Based on the information you have provided, it is likely that some of the documents you seek would be exempt from disclosure under Government Code section 6254(f), which allows law enforcement agencies to refuse to release records of investigations. Authorized representatives of victims are entitled to certain additional information that […]

June 14, 2009