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Showing results for government bodies must comply brown act 54951 act90 54951 act 54951 act90 54951 54951 54951

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 "[p]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
Asked and Answered

CPRA

Requesting welfare application of divorced spouse

[…] service. Thus, if the county receives federal aid for its welfare program, applications received for welfare aid from the County are not subject to disclosure pursuant to Government Code 6254(k), which incorporates Welfare and Institutions Code § 10850 by reference. Because we are only speculating as to the exemptions that might apply, you might […]

July 16, 2009
Asked and Answered

CPRA Newsgathering School Records

State university won’t disclose student cafeteria workers’ pay

[…] exempt the salary information that you are seeking, such as the FERPA, it may be that the university is justified in withholding those records. Id. ("[IFPTE] thus confirms that government payroll information—whether it be the salaries of active public employees or the gross pension amounts paid to retirees—is public information that cannot be kept confidential unless […]

June 14, 2014
Asked and Answered

CPRA

CPRA Exemptions for Drafts

[…] Little of the information was provided and was told that since the policy is in draft form, it would not be provided until it is completed. In actuality, this is supposedly ready to go to the Planning Commission in two weeks. This all seems like a delay tactic. Have read your answers about reports […]

April 2, 2018
Asked and Answered

CPRA

Are draft reports exempt under CPRA?

[…] agency in the ordinary course of business, if the public interest in withholding those records clearly outweighs the public interest in disclosure."Govt. Code Section 6454(a). Although some government personnel mistakenly believe that any "draft" document is automatically subject to this exemption, reading the text of the statute itself indicates that the exemption only applies […]

February 17, 2011
Asked and Answered

First Amendment

Ok for court reporter to transcribe mayor’s speech at private-sector event?

[…] meeting, or at the very least, prohibited from transcribing comments. However, there may be other circumstances that I am not aware of that suggest some sort of government sponsorship of this meeting that would require that a higher standard be met in order for transcription equipment to be excluded from the meeting. Even then, […]

September 14, 2016
Asked and Answered

CPRA

Can fees be charged for existing electronic/digital records?

[…] for a breakdown of the fees, and how such charges are supported. 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.

August 30, 2016