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Asked and Answered

CPRA

Accessing complaints to public agencies

Are complaints (acted upon or not) to an agency such as environmental health department or community development subject to disclosure. Our county only enforces certain provisions of the codes when there is a complaint by the public; however, they refuse to disclose any information regarding the complaints.

June 14, 2009
Asked and Answered

CPRA Police Records

Access to Police Officer personnel files

[…] is: 1. The former chief's personnel file (including his contract, etc.) 2. The investigation documents (which I'm assuming would specify allegations, testimonies, etc.) 3. The former chief's termination action (which I'm assuming he received in writing). Do I legally have access to any of these things? Also, does the situation apply differently to police employees?

June 14, 2009
Asked and Answered

CPRA

Access to Incident Records

[…] I had two cars towed from a city street - the total cost of retrieval was over $1000.00. I feel that the reporting officer was coerced into action falsely by a complainant neighbor. I have requested the Incident Record, but am wondering if there is a way to find out the Officer's name and […]

June 14, 2009
Asked and Answered

CPRA

Access to appointment calendars

You can request access to the Sheriff's calendar pursuant to both the California Public Records Act (CPRA), specifically Government Code section 6253(b), and "Proposition 59" which is actually part of the California Constitution (Article I, section 3(b) of the California Constitution, to be precise).Neither the CPRA nor Article I, section 3(b) of the Constitution […]

June 14, 2009
Asked and Answered

CPRA

Recourse for ignored CPRA requests

The Public Records Act requires the public agency to respond in writing to your written request within 10 days. (Cal. Government Code Secs. 6253 and 6255.) It would appear that the agency did not comply with this requirement in this case. We would suggest that your next step be to write a letter to […]

June 14, 2009
Asked and Answered

CPRA

When does the 10 days count start with a CPRA request?

Section 6253 of the Government Code, which sets forth the 10-day compliance period under the Public Records Act, simply states that a response shall be made "within 10 days from receipt of the request." In general, when a statute does not specifically provide for "business" days, calendar days apply. With respect to when the […]

June 14, 2009
Asked and Answered

Brown Act

Can a special meeting on 24 hours notice include a closed session?

[…] by the presiding officer or a majority of the members of the school district and if the requirements for providing notice of that meeting are met. The Brown Act contemplates that where appropriate, items may be discussed in closed session at such meetings. Section 54954.5 addresses how to describe items to be discussed in […]

June 14, 2009
Asked and Answered

CPRA

Deadline missed for CPRA request. What should we do next?

[…] will be entitled to recover your attorneys’ fees, should you prevail. Gov't Code § 6259(d). 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.

October 13, 2015
Asked and Answered

CPRA

Powers that be ignored CPRA request. What should I do next?

[…] will be obligated to pay your attorney’s fees. Gov’t Code § 6259. 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 unless separately retained.

May 11, 2015
Asked and Answered

CPRA Newsgathering Police Records

Can I access driver ID’s from traffic-stop police reports?

[…] seek and see how the police (as well as the court and/or DA) respond. 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.

April 16, 2015