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Asked and Answered

CPRA Police Records

Access to records in workers’ comp issue

[…] radio, phone, and cab logs based on the following letter: We have received your California Public Records Act request, these files are exempt from disclosure pursuant to Government Code 6254. However, you can contact the local law enforcement agencies to request what is releasable to you under the California Public Records Act. I don't […]

April 5, 2016
Asked and Answered

CPRA

Will attorney/client privilege keep me from learning how County is spending bond money?

[…] obligated to inform you what code or law allows the county to use funds from a CSA in the situation you describe. Generally speaking, California laws require government agencies to disclose most writings related to public business and require legislative bodies of government agencies to conduct most of their meetings in public. But obtaining […]

June 8, 2015
Asked and Answered

CPRA

Can I appeal a records request denial from State Medical Board?

[…] avenues for appeal. By my reading of relevant case law, and admittedly I am not a lawyer, this information is clearly not exempt from the Public Records Act. Are there avenues for appeal for this kind of denial that don’t involve entering litigation? If litigation is required, is it common practice, or even legal, […]

August 22, 2011
Asked and Answered

CPRA

Access to public library records under Public Records Act

[…] request, they only provided records covering the last 2 years and 10 months, and they informed me that previous records do not exist - however, I have obtained information that confirms the existence of these records. Other attempts to obtain previous records have been unsuccessful. Does the Public Records Act protect my access these records?

April 1, 2016
Asked and Answered

CPRA

How long are routine County surveillance records archived?

[…] retention act, and is therefore silent on this front. There are several other statutes that govern various agencies’ duty to retain records. With respect to City recordings: Government Code section 34090.6 requires: "the head of a department of a city or city and county, after one year, may destroy recordings of routine video monitoring…This […]

May 6, 2016
Asked and Answered

Brown Act CPRA

CPRA request was denied for document discussed in open session

[…] regarding a legal settlement involving a civil lawsuit against the county filed by a victim of alleged sexual molestation by a county physician, the supervisors discussed corrective action the county would take in response to the lawsuit. However when I asked for a copy of the Corrective Action Plan document, which is sometime posted […]

January 14, 2016
Asked and Answered

CPRA Newsgathering School Records

School denies access to all info about coach fired amid rumors players’ were abused.

[…] lawsuit to enforce disclosure under the Public Records Act. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC inquiries from news reporters and the public. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.

March 9, 2014
Asked and Answered

CPRA

Can a public agency demand research fees on a public records request?

[…] research fees. I sent them a response citing the North County Parents case. They responded back saying that current fees are set by the County of Santa Clara’s Board of Supervisors. They cited Government Code Section 54985 as permitting them to charge this fee. Does this in fact permit them to charge a research fee?

August 22, 2012
Asked and Answered

Brown Act

Can new board member get updated on past closed sessions?

[…] disclose the information to the new member would be appropriate. Holme Roberts & Owen 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.

November 28, 2011
Asked and Answered

Brown Act

Agency terminates audio recording of meetings without notice

[…] make them available to the public. I obtain one for a missed meeting. Then skipped a meeting, relying on the availability of the recording, only to be told afterwards, that the staff person did not record the meeting on direction of one of the members. I would like to see them continue. Brown Act relevancy?

September 4, 2016