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Asked and Answered

CPRA School Records

School employee discipline and hiring records

[…] possible that the school district may cite privacy as a reason to turn down your request, but that doesn't necessarily mean they are correct to do so. Government Code section 6254 provides that " Except as provided in Section 6254.7, nothing in this chapter shall be construed to require disclosure of records that are […]

June 14, 2009
Asked and Answered

CPRA

School administrators and the CPRA

Under the California Public Records Act, "any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics," Govt. Code Section 6252(e), is "open to inspection at all times during the office hours of the state or […]

June 14, 2009
Asked and Answered

CPRA

Requesting surveillance tapes

You can submit a written request under the California Public Records Act (PRA) to the West Hollywood Sheriff's Station for a copy of the surveillance tape from a particular date. Here is a link to a template of a sample letter on CFAC's website: http://firstamendmentcoalition.org/cpra-primer/sample-cpra-request-letter/ It is not clear how long the station has […]

June 14, 2009
Asked and Answered

CPRA School Records

Records Request, Community College, and Time Limits

[…] school is in violation of the PRA because of the delay in getting the records to you, and perhaps directing their attention to Section 6259(d) of the Government Code, which provides that "[t]he court shall award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to […]

June 14, 2009
Asked and Answered

Recording at a Board and Care Facility without Permission

[…] may shed some light on whether you may be able to use video/audio equipment in your mother's room in the private facility she resides. The question that must be answered is whether your mother, or someone else in that facility, has a reasonable expectation of privacy from the outside nonpublic world. As a general […]

June 14, 2009
Asked and Answered

CPRA

CA Police Deny CPRA Request on Six-Month Old Case

[…] others. 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. No attorney-client relationship has been formed by way of this response.

April 11, 2018
Asked and Answered

First Amendment

Reporter seeks access to court proceedings involving police personnel records

[…] attorney to see what options you may have for challenging the closure of these proceedings. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC 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.

August 31, 2016
Asked and Answered

First Amendment

Know your rights when protesting in public space

[…] best to try to use the request to see the permit requirement as a way to reach some sort of an agreement with OHV. Some supervisor there must understand that OHV may have a problem if they try to arrest someone for holding a sign that says "Safe Beach Now." If they do produce […]

June 14, 2009
Asked and Answered

CPRA

Can criminal background checks on county candidates be kept confidential?

[…] are authorized by statute to receive the information. Penal Code section 11076. 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.

May 1, 2013
Asked and Answered

CPRA

Can I see the city’s settlement agreement with police officers?

Generally speaking, settlement agreements where one of the parties is a public agency are not exempt from disclosure under the Public Records Act. See Register Division of Freedom Newspapers v. County of Orange, 158 Cal. App. 3d 893, 909 (1984); Copley Press, Inc. v. Superior Court, 63 Cal. App. 4th 367, 376 (1998). There […]

April 14, 2010