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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
Asked and Answered

CPRA

Access to RFO Bids

Under the CA Public Records Act, do we as responders to a RFO for Information Technology Consulting Services for State of California contracts, have any rights to be able to review the bids received (after notice of contract award) to find out how we scored in comparison and how we could write better responses? […]

June 14, 2009
Asked and Answered

FOIA

Records with the names of citizens and non-citizens

[…] by the Bureau of Justice Assistance ("BJA") in conjunction with a federal program called the State Criminal Alien Assistance Program. This program involves payments from the federal government to states and localities that have incurred correctional officer salary costs for incarcerating certain undocumented criminal aliens.The court decided that the BJA was justified in withholding […]

June 14, 2009
Asked and Answered

CPRA

Pending Workman compensation claims

The answer to your question depends on where the claims are filed. If they are filed with a governmental agency, then the claims themselves would be considered public while they are pending. See Poway Unified School District v. Superior Court, 62 Cal. App. 4th 1496 (1998) (tort claim submitted to school district was a […]

June 14, 2009
Asked and Answered

CPRA

Duplication fees for non-paper records

[…] District is permitted to charge more than just "material costs" for the CD copy, $7 per CD copy is not necessarily inconsistent with the law. The charge must, however, be limited to the "direct costs" of duplicating the CD, and cannot include any costs associated with the retrieval or review of the CD file, […]

June 14, 2009
Asked and Answered

CPRA First Amendment Police Records

CPRA has time limits on public document’s is availability?

[…] criminal cases from the 1970s and '80s. This information pertains to the who, what, when, where, etc. of the cases I'm researching. Based on my reading of Government Code Section 6254(f), the information I'm requesting is not investigatory in nature and is fair game under the California Public Records Act. Moreover, all of the […]

March 30, 2015
Asked and Answered

Newsgathering

Two-weeks notice before campus photographers can take pictures in bookstore

[…] National Press Photographers Association (www.nppa.org) to see if they have encountered it. 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.

October 22, 2013
Asked and Answered

CPRA

CPRA request filled, but witnesses names were redacted

Under the Public Records Act, as the victim of an incident, you are entitled to certain information relating to the incident, including "names and addresses of persons involved in, or witnesses, other than confidential informants, to the incident, the description of any property involved, the date, time, and location of the incident, all diagrams, […]

March 31, 2015