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Asked and Answered

CPRA

Request for sheriff’s homeless policy leads to trouble

[…] by the County Sheriff in conjunction with numerous other county agencies. The Sheriff's Department responded that they had "been unable to locate responsive documents and as such cannot comply therewith." In addition, the sheriff's department then engaged in retaliatory intimidation, sending a deputy to question the person whose name appears on the request for information.

March 30, 2010
Asked and Answered

CPRA

City council candidates’ website URLs have been excluded from the city website

[…] would constitute endorsement, though it is possible that there is some legal basis for this concern.From the perspective of our core expertise -- First Amendment and open government issues -- the question might be whether some legal principle requires the city council to do so.Though a state or local agency would likely be required […]

October 11, 2011
Asked and Answered

First Amendment

Do we have the right to exercise 1st Amendment rights on shopping mall properties?

Unfortunately, there is no simple answer to your question. Generally, the First Amendment applies only to government actors, and since shopping centers are often privately owned, many of the broad First Amendment rights associated with public spaces such as parks and public sidewalks do not necessarily apply. That said, there are situations where First Amendment […]

May 31, 2016
Asked and Answered

CPRA

Should I be allowed to access a report in draft form?

[…] 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 […]

March 29, 2012
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