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Asked and Answered

Newsgathering

Publishing leaked email

I have an email from a hospital system CEO sent to roughly 7,000 employees, actually every employee of the hospitals. We want to print aspects of the letter in which he bad-mouths a union. Question: Does the legal disclaimer at the bottom of the email mean anything? It says basically that the email is […]

June 14, 2009
Asked and Answered

CPRA

Public Officials’ Personal Email

Does a city council member's use of his/her personal email account to discuss city business make that account subject to Public Records Act Requests? If so, is there a threshold between a single or several incidental uses and the systematic use of the personal email for city business that would trigger the account's exposure […]

June 14, 2009
Asked and Answered

CPRA

Public official salaries and the CPRA

The California Public Records Act exempts certain information from disclosure on the basis of personal privacy. (Govt. Code s. 6254(c)). Some public agencies have relied on this exemption to withhold salary information of its employees, or they disclose no more than an employee's salary range or a list of job titles and salaries, but […]

June 14, 2009
Asked and Answered

CPRA Police Records

Police Call Logs and Public Records

[…] California Supreme Court said that, in enacting the California Public Records Act (CPRA), "the state Legislature ... limited the CPRA's exemption for law enforcement investigatory files," in Government Code § 6254(f), "by requiring agencies to disclose specific information derived from the materials in investigatory files rather than the materials, themselves." Thus, the Court said, […]

June 14, 2009
Asked and Answered

CPRA

Police Background Investigation

[…] records need not be disclosed. Id. at 439. But the court insisted that the file be examined for information that is not confidential and that such information must be disclosed. The court noted that the PRA had been interpreted to require that "where nonexempt materials are not inextricably intertwined with exempt materials and are […]

June 14, 2009
Asked and Answered

CPRA

Police and Fire Department Records

Under Government Code § 6253(a) of the California Public Records Act, public records are open to public inspection during regular office hours of the agency that has the records. If the department has a copy in its office, it is required to make a copy "promptly available" to you upon request under § 6253(b). […]

June 14, 2009
Asked and Answered

First Amendment

Passing out flyers in front of a public school

[…] v. City of Las Vegas, 333 F.3d 1092, 1099 (9th Cir. 2003) (internal quotation marks omitted). "Public fora have achieved a special status in our law; 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). In order to […]

June 14, 2009
Asked and Answered

CPRA

Obtaining records without fees?

The Public Records Act (PRA) does not include a specific provision for waiving or reducing fees for copies requested under the Act. California courts have decided, however, that agencies do have the discretion to waive or reduce fees. See North County Parents Organization for Children with Special Needs v. Department of Education, 23 Cal.App.4th […]

June 14, 2009
Asked and Answered

CPRA

Non-Response to Requests

I sent a Freedom of Information Act Request to the California Department of Corrections trying to obtain information related to my position there. It was an information act using the form letter making a state (not federal) request. The request was sent by certified mail and they did not respond. What should I do […]

June 14, 2009
Asked and Answered

CPRA

Non-response to CPRA requests

I sent a public records act request to the City Clerk of my City and I have not received a call or response to my request. I am sending a second letter and attaching the first letter, but what can I do next if the city does not respond?

June 14, 2009