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Asked and Answered

CPRA School Records

Request to School District for Records Refused

When an agency fails to provide requested records that you believe are subject to public disclosure, Government Code section 6259 allows you to file a lawsuit. Lawsuits to enforce the CPRA are usually initiated by a verified petition (i.e., a request filed under oath) that asks the court to issue a "writ of mandate." […]

May 29, 2018
Asked and Answered

CPRA

Withholding of Juveniles’ Names in Police Records

[…] by other laws including, but not limited to, Section 841.5 of the Penal Code, Section 11167 et seq. of the Penal Code, and Section 6254 of the Government Code." None of these restrict release of the name of a deceased minor victim -- 841.5 prohibits release of a victim's or witnesses' address to a […]

June 14, 2009
Asked and Answered

CPRA

Public Comment on Public Contracts

[…] is an official state historic resource) does not have to be revealed until the negotiations are complete, and if I read correctly there is time before the actual AWARD of the contract and the negotiation. Do you know what that time period is? I am trying to ascertain the affects of the development on […]

June 14, 2009
Asked and Answered

CPRA

Golden Gate Bridge suicide records

[…] being relevant to a claim or litigation does NOT mean that it is exempt from disclosure under the Public Records Act. The exemption for pending litigation (in Government Code section 6254(b)) only applies to documents the District acquires or prepares in the litigation process, not for documents that pre-date any litigation and were not […]

June 14, 2009
Asked and Answered

CPRA

Dairy Plant Inspection Records

[…] question is that if the daily inspection records are maintained for enforcement or license purposes by the Department of Food and Agriculture, they are probably exempt from disclosure under Government Code section 6254(f) of the California Public Records Act. But if these inspections are routinely done and the reports are not created for an specific enforcement […]

June 14, 2009
Asked and Answered

CPRA

Court Employee Anonymity

[…] quotation omitted). In light of the many policy reasons the courts have recognized for treating the names of public employees as public information -- including accountability of government -- there is a good argument that generic concerns about privacy or security should trump the constitutional or common law right of access to the names […]

June 14, 2009
Asked and Answered

CPRA

County’s Technical Review

[…] reason, the County is not able to produce the draft, or any memoranda or correspondence relating to it, as those records would be exempt from production under Government Code Section 6254(h). The records would also be privileged under both the deliberative and attorney-client privileges and be exempt per Government Code Section 6254(k)." We are […]

June 14, 2009
Asked and Answered

CPRA

I was stopped from taking photos of court records with my phone to save costs. What can I do?

[…] submitted and received a Public Records Act Request of all individuals who had been charged with gang enhancements. However, there is specific information we also need but must pull the Superior Court case file to obtain such as: age, race, location, etc. These documents are electronic so we are unable to use our scanner […]

February 8, 2021
Asked and Answered

First Amendment Social Media

Is it a First Amendment violation when Twitter Suspends My Account for “Hate Speech”

[…] outside the scope of services we can provide through this Hotline. However, we can state that in general, First Amendment claims can only be brought when the government attempts to suppress the speech of its citizens — i.e. when there is "state action" that suppresses free speech. It is unlikely that you would have […]

March 23, 2020
Asked and Answered

CPRA Police Records

How can I access to the Zodiac Killer police files since law enforcement agencies are stonewalling?

[…] be uncooperative and often uncommunicative. In a number of my public records requests, they have used legal semantics and a vague interpretation of the California Public Records Act to stonewall my attempts at finding information. At this point, I fear a retaliatory lawsuit if I continue to pursue these matters, and I am frustrated […]

July 30, 2020