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Asked and Answered

CPRA

What’s the law regarding destruction of public records?

California has several statutes addressing document destruction/retention.With respect to city governments, Government Code Section 34090 requires that the city retain any record that is less than two years old: Unless otherwise provided by law, with the approval of the legislative body by resolution and the written consent of the city attorney, the head of […]

July 20, 2010
Asked and Answered

CPRA

Unreasonable Fees for Access

[…] is not refunded if there are no records. The county attorney denied our claim for a refund based on the Public Records Act, saying the Supervisors set the fees and they were made into a county ordinance. Is a lawsuit the only relief we have to get the county to comply with the state law?

June 14, 2009
Asked and Answered

CPRA

City misses CPRA request deadlines “due to staff vacancies”?

My friend and I first requested financial records for two affordable housing projects receiving government subsidies on August 19. The City responded on August 27 informing us that due to staff vacancies they could not fulfill our request, and that they would provide a status update by October 1. On September 4, we responded to the […]

October 12, 2015
Asked and Answered

Brown Act CPRA Newsgathering

Police dispatch calls

It wouldn't appear that you have any basis for challenging this under California law. The public records act only covers writings, not oral communications. Government Code section 6252(d). And such police communications would not constitute meetings that are a required to be open to the public under the Brown Act. I'm not currently aware […]

June 14, 2009
Asked and Answered

Brown Act

Can A City Councilmember Change Recorded Vote If It Changes Outcome?

[…] deadlock. 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 5, 2018
Asked and Answered

CPRA FOIA Police Records

How do I appeal the denial of a CPRA request?

[…] wondering who do I write to so I can appeal the denial? Is there a way to file the request pursuant to the federal Freedom of Information Act (FOIA)? I'm all the way in Chicago and don't have time to get to CA for something so simple. Can your office file on my behalf […]

May 15, 2012
Asked and Answered

First Amendment

Free speech “cornered” in downtown park

[…] the downtown workers that I had to stand in a corner of the park away from the public. It has been a while since this but it is still going on. Protesting and public actions are being limited to this corner. I feel like the "corner"limits freedom of speech and is not right. Any advice?

April 27, 2010
Asked and Answered

CPRA

Animal shelter won’t disclose contact info on local cat trapper

[…] City School Dist. v. Superior Court, 118 Cal. App. 4th 1041, 1045 (2004). Additionally, the County may attempt to fit the public records under the "catch-all" exemption, Government Code § 6255, which is a broad, yet undefined, exemption that provides that a record may be withheld if, on the facts of the particular case, the […]

June 15, 2016
Asked and Answered

CPRA

Do legal fees count under pending litigation CPRA exemption?

My records request for the documents showing how much money the county has spent on a current and ongoing lawsuit. The County states that the information revealing the total money spent is privileged because the case is in active litigation. It would appear to me that no privileged information concerning the case would be jeopardized […]

February 4, 2014
Asked and Answered

CPRA

A Can the city legally refuse to fulfill my request unless I use their form?

[…] city will not fulfill a request for documents made via email. They insist that I first fill out their request form. I have made email requests to other government entities for years and other than delays I have received my documents. Can the city legally refuse to fulfill my email request? Is there state code […]

August 13, 2015