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Asked and Answered

CPRA

How do I enforce my right under the CPRA to inspect records?

I have submitted via fax a Public Records Act Request to a California healthcare district hospital that is a local government entity. The district responded to one request on the PRA but not to the request to inspect the Department of Respiratory Therapy Policy and Procedures Manual. (The title of the manual was found […]

June 7, 2017
Asked and Answered

CPRA Police Records

Are the officer’s emails exempt from access under the CA Public Records Act?

I am considering filing an open records request under the California Public records act for the internal emails of a police sergeant.I suspect there is information related to misconduct on an issue not related to any open criminal case or crime investigation. Are the officer's emails exempt under the law, or would the department […]

September 22, 2015
Asked and Answered

CPRA

CA Medical Board non-responsive to PRA request

[…] comply with the PRA in responding to a particular request, the ultimate recourse for enforcement of the Act is to file a lawsuit against the agency pursuant to 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 […]

September 11, 2016
Asked and Answered

CPRA

Request for documents on Tax Lien Sale denied. Why?

In making your request for records, Government Code § 6253(b) indicates that you must "reasonably describe an identifiable record or records." The California Public Records Act does not require that the request be made in writing; however, I agree with your intention to do so. For one, a written request creates a record of […]

October 6, 2011
Asked and Answered

CPRA

Are emails sent to elected officials private or public?

Are emails sent by residents to the council or other government entities (GE) concerning a hot button issue considered public records?Or are they somehow protected by the "right to privacy" and beyond public scrutiny? In this case, the GE itself asked residents to send the emails and is making policy decisions based on the […]

September 17, 2010
Asked and Answered

Brown Act

School Boards, Closed Sessions, and Student Files

[…] advance notice of its intent to discuss any part of the matter in closed session. As long as the item was adequately described on the agenda, the Brown Act requires the school district to disclose, in the open meeting, "the item or items to be discussed in the closed session." Cal. Gov. Code Sec. […]

June 14, 2009
Asked and Answered

CPRA

Public/Private Interest Tests, Publics Records, And the Department of Housing and Community Development

As you may know, under California's Public Records Act, the public has a presumptive right to inspect and copy government records unless a specific exemption allows the government to withhold a particular record. The Act does contain a "catch-all" provision, however, providing that an "agency shall justify withholding any record by demonstrating that . […]

June 14, 2009
Asked and Answered

Brown Act

Is a contracted City Attorney a city employee?

[…] employee or to hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session." Gov't Code § 54757(b)(1). Government Code section 54957(b)(4) provides, in part, as follows: "For the purposes of this subdivision, the term "employee" shall include an officer or an independent contractor who […]

June 14, 2009
Asked and Answered

CPRA

Former State Employees and the CPRA

[…] give me in this matter is greatly appreciated. Also a second matter, a former employee of the agency submitted a request via the California freedom of information act for three separate reports done for the agency. After stalling and requesting an extension the Executive Director refused the request and said that they would supply […]

June 14, 2009
Asked and Answered

CPRA Police Records

Destruction of Memos by the Police Department

As it sounds like you're already aware, California Government Code section 34090 requires the retention of city records less than two years old. After that time period (and unless the records are required to be kept by statute), the head of the police department may destroy city records only with the approval of the […]

June 14, 2009