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Asked and Answered

CPRA

Does the agency have to know why you want records

The answer to your question is "no." You do not have to state the purpose for why you are seeking public records. The California Public Records Act ("PRA") prohibits "limitations on access to a public record based upon the purpose of which the record is being requested, if the record is otherwise subject to […]

June 14, 2009
Asked and Answered

CPRA

DNA records

[…] directly, using the forms on the CFAC website. It is quite possible that the Sheriff's Office will assert that the records are exempt from disclosure pursuant to Government Code section 6254 (f), which deals with investigations by law enforcement. Unfortunately, there are cases that say that investigating agencies can withhold documents even when an […]

June 14, 2009
Asked and Answered

Court Records

Disclosure of Traffic Tickets, Personal Information

[…] California Rule of Court 243.1 sets forth the stringent requirements for sealing (ie, denying public access) to court records. For a document to be sealed, the court must make specific findings on the record, including that there is an "overriding interest" to support sealing. If you choose to go back to the court, you […]

June 14, 2009
Asked and Answered

CPRA

Details of Preliminary Lawsuit Settlements

Under the Public Records Act ("PRA"), records in the possession of state and local government entities are presumed to be public unless one of the PRA's enumerated exemptions to disclosure applies. See Cal Govt Code Section 6252. Settlement agreements entered into by public agencies have been recognized as public records by California Courts. See […]

June 14, 2009
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