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Asked and Answered

CPRA

Tape recording closed sessions

[…] should be aware that if you make such a recording, a member of the public may argue that it is a "public record" under the Public Records Act. Thus it may be subject to a request that it be disclosed and/or copied under the Public Records Act. You and/or the School District may be […]

June 14, 2009
Asked and Answered

CPRA

Surveillance cameras and the CPRA

[…] the tapes and will seek a court order to obtain a copy, if necessary. Under the PRA, the SJPD will have 10 days to respond. They either must tell you they will provide you a copy (for which they can only charge you the direct cost of making a copy), or, if they are […]

June 14, 2009
Asked and Answered

First Amendment

Subpoenaed for a trial

[…] are certain matters one can decline to testify about (e.g. see below re "journalist's privilege"). If one wishes to avoid showing up at trial at all, one must file a motion in court to "quash" the subpoena (and have the court rule in your favor). But if you have a legal basis to "quash" […]

June 14, 2009
Asked and Answered

CPRA School Records

Student records

[…] Education Code section 48918. However, once a final decision has been made to expel a student, the fact of the expulsion and the reason for the decision must be disclosed in a public document. See Education Code section 48918(j) and (k). I have attached the text of this section below. You may make a […]

June 14, 2009
Asked and Answered

CPRA

State Agency Test Results

[…] that would be included in a resume, curriculum vitae or job application to demonstrate a person's fitness, in terms of education, training or work experience, for a government job is not a matter of privacy. Eskaton Monterey Hospital v. Myers, 134 Cal. App. 3d 788 (1982). The Eskaton court reasoned that "information as to […]

June 14, 2009
Asked and Answered

CPRA

Requesting Audio Tapes, Time of Response

Under Government Code section 54953.5, any tape or film record of a public meeting "shall be subject to inspection" under the California Public Records Act. However, this section allows the Council to erase or destroy the tape within 30 days after the taping or destroying. The typical procedure to follow in this circumstance would […]

June 14, 2009
Asked and Answered

CPRA

Request to Dept. of Insurance regarding bail agents

The California Department of Insurance may properly raise the "private personal information" exemption found in Government Code section 6254 and/or the privacy provisions of the California Constitution in denying disclosure of personal identifying information of its staff, such as birth dates, phone number, social security and credit card or bank account information. The courts […]

June 14, 2009
Asked and Answered

CPRA

Request Denials, No Documentation

Can our City Clerk deny us information because he/she "has no documentation" regarding a municipal action being taken that may require a primary legal action? Our Economic Development Director is hiring a consultant to counter a member of the public's nomination of a building to the State Historic Resource Register and I was told […]

June 14, 2009
Asked and Answered

CPRA

Releasing settlement information on a public employee’s termination

Under the PRA, government agencies need not disclose "ersonnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy." Govt. Code Section 6254(c). With respect to disciplinary records of public employees, California courts have held that there is a strong public policy against disclosure of such records if […]

June 14, 2009
Asked and Answered

CPRA Police Records

Records of Traffic Citations

[…] state or federal law allowing it to withhold the records you seek. (Gov't code § 6255). It is not immediately apparent whether any exemption would apply here. Government Code section 6254(f) sets forth the so-called "law enforcement" exemption, which allows police agencies to withhold investigatory records. It is not entirely clear whether traffic citations […]

June 14, 2009