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Asked and Answered

CPRA

Deliberative process and the public record

[…] whom they spoke, and about what, in making decisions. Times Mirror Co. v. Superior Court, 53 Cal. 3d 1325 (1991). Where the privilege applies, it allows the government to withhold records that would otherwise be subject to disclosure under the Public Records Act. While the Times Mirror case dealt with records reflecting who met […]

June 14, 2009
Asked and Answered

CPRA

Corporate Licenses

[…] retains copies of corporate licenses. If for some reason the Secretary of State doesn't maintain corporate licenses, they can probably point you to another state or local government office that maintains such licenses. Certain information is available on the Secretary of State's website (see link below); other information can be obtained by making an […]

June 14, 2009
Asked and Answered

CPRA

City Employee Information and Privacy

[…] § 832.7 and related statutes, police departments in California can refuse to provide copies of information in a police officer's personnel file under the California Public Records Act in Gov't Code § 6250 et seq. There is a case saying that the city or department can give you the information if it wants, Bradshaw […]

June 14, 2009
Asked and Answered

CPRA

Charging for research and the CPRA

I submitted a Public Records Act Request with the air district, asking for copies of different kinds of permit applications. They came back to us stating that they copied about 50 pages and cost would be $435. Most of this cost was because of the five hours staff spent searching for the materials. I […]

June 14, 2009
Asked and Answered

First Amendment

Changing search warrant policy

[…] NBC Subsidiary and later codified in California Rules of Court 2.550-2.551. Under these rules, court records may not be sealed as a matter of course; the court must specifically order that the records be sealed, and only after expressly finding that (1) that there is an "overriding interest" to support sealing, (2) there is […]

June 14, 2009
Asked and Answered

CPRA

Can I publish public records? Confidential records of public importance?

[…] sorts of information might be protected thereunder. There are certainly risks connected with your posting that document. A safer route would be to file a Public Record Act request for the document. You may want to file another request as well as other pertinent documents relating to the settlement (perhaps as a separate request […]

June 14, 2009
Asked and Answered

Court Records

Blocking Personal Information from Public View for Safety

How do I block access to my personal and government records from public because I am a victim of domestic violence and stalking and kidnapping? Does it require a court order to block my ssn record and tax and any other record pertaining to my personal information.

June 14, 2009
Asked and Answered

CPRA

Awarding Attorney’s Fees in CPRA Cases

You are correct that an award of attorneys fees is mandatory to a plaintiff who prevails in Public Records Act ("PRA") litigation. Since you say you have one more shot with the trial court before going to the Court of Appeal on the fee issue, you may want to advise the court of the […]

June 14, 2009
Asked and Answered

CPRA School Records

Are School Yearbooks Public Records?

The California Public Records Act ("PRA") provides that public records are presumptively open to the public, unless exempt from disclosure under the PRA. Government Code section 6254(k) exempts from disclosure "records the disclosure of which is exempted or prohibited pursuant to federal or state law." Section 49076 of the California Education Code specifically prohibits […]

June 14, 2009
Asked and Answered

CPRA Police Records

Accessing consumer complaint records

Although the California Public Records Act ("PRA") requires law enforcement agencies to provide the public with certain basic information (i.e., information about incidents and arrests), investigatory records produced by state, local or federal enforcement and police agencies are protected materials not subject to public disclosure pursuant to the law enforcement exemption of the California […]

June 14, 2009