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Asked and Answered

CPRA

Can a fee be charged for requesting public documents held in storage?

I recently submitted a Public Records Act request in my city. I have just been told that I will be charged a $33.25 fee for retrieving documents from storage. Is this legal? It certainly does not seem consistent with the PRA documentation I have read.

June 12, 2014
Asked and Answered

CPRA

School district claims too busy to fulfill document request

[…] to provide an estimated time and date of production. If an agency refuses to provide records under the Act, the ultimate recourse is filing a lawsuit under Government Code Section 6259. Such lawsuits are typically initiated by a verified petition (i.e., a request filed under oath) that asks the court to issue a writ […]

August 18, 2011
Asked and Answered

CPRA First Amendment Police Records

Police say daily crime logs can’t be released to the public

[…] glass on the front window and said I could not take photos or notes. I am arguing that the log must be delivered electronically by request per government code 6253.9, and that I must be allowed to inspect the document in person and duplicate as I see fit. The department PIO sent a message […]

June 17, 2016
Asked and Answered

CPRA

Agency Claims 90-Day Records Request Response Time

[…] was finally told that a response would be forthcoming in 90 days. I questioned the 90 days and below was a response from there legal dept. " Government Code 6253(c) also states that when a state agency makes a determination that it has disclosable public records, that "the agency shall state the estimated date […]

February 14, 2018
Asked and Answered

CPRA Newsgathering

Should complaints against belligerent councilman be public?

[…] is limited to the information whose disclosure would be an unwarranted invasion of personal privacy. Where public records relate to verified misconduct on the part of a government employee or official, the public’s interest in learning about the misconduct and the government’s handling of it is generally given great weight and the individual’s personal […]

August 19, 2011
Asked and Answered

CPRA Police Records

Accessing county’s payments to a doctor now under arrest for molestation

[…] of "specific" exemptions that have been added over time. Many of these exemptions are listed, starting at § 6275. Finally, there is a "catch-all" exemption that the government will sometimes invoke if a more specific exemption doesn’t apply. See Gov’t Code § 6255(a). This catch-all focuses on whether the public interest would be best […]

November 12, 2011
Asked and Answered

CPRA

Can a city assert a copyright claim to a public document?

[…] a copyright claim to a public document, in this case a short documentary produced by its cable access television department? I’m being told no, in California a government entity cannot assert a copyright claim to this video produced at taxpayer expense without the express authorization of the legislature (County of Santa Clara v. Superior […]

June 8, 2012
Asked and Answered

CPRA

How to requests public documents from San Francisco Airport

I've been having a really hard time understanding how to send a freedom of information act requests to the San Francisco Airport. A web search gave me nothing, except for something about a "Sunshine Ordinance" though I can see that California has a Freedom of Information law in place. Can you help me understand […]

May 11, 2018
Asked and Answered

CPRA

Request for councilmembers salaries not granted

[…] to be made public. See International Federation of Processional Engineers v. Superior Court, 42 Cal. 4th 319, 331 ("[t]he 'broadly based and widely accepted community norm[]'applicable to government employee salary information is public disclosure"). Thus, it is likely that the information that you are seeking -- salaries and benefits of city council members -- […]

October 13, 2010
Asked and Answered

Brown Act CPRA

Planning Commissions, Confidential Complaints, and the CPRA

[…] made to a Planning Commission. We are not aware of any requirement, in the Brown Act or otherwise, that specifically speaks to whether a particular Planning Commissioner must step down when the Commission is hearing a complaint made by that Commissioner. However, it may be that the city or the agency itself has rules […]

June 14, 2009