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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 ("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
Asked and Answered

CPRA

Personnel Files

[…] public's right to know." (Bakersfield City School District v. Superior Court of Kern County, 118 Cal. App. 4th 1041, 1045 (2004)). Also note that with respect to government employee's resumes, in 1982 the Court of Appeal upheld an order that an agency disclose "such portions of personnel file as are necessary to disclose his […]

June 14, 2009
Asked and Answered

CPRA

Local Agencies’ Request for Qualifications Bids

[…] for Request for Qualifications Bids/responses to be available for the public to review? Can we use legislation in the Freedom of Information Act (FOIA) to obtain developers' responses to an RFQ? The agency is a local government redevelopment agency that has put out an RFQ to developers for the development of the old Army Base.

June 14, 2009