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  • Asked and Answered

    CPRA

    Charged a fee for viewing documents? Is that legal?

    […] attorneys' fees are available should you be required to take court action. Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to FAC 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.

    May 4, 2011

  • Asked and Answered

    CPRA First Amendment Newsgathering Police Records

    Investigative files and the CPRA

    The records you describe below are exempt from disclosure under the California Public Records Act. Unfortunately, Government Code section 6254(f) permits the government to withhold the following: "Records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Individual accessing results on their own background check

    As you likely are aware of, California Government Code section 1031(d) provides that "peace officers" shall "[b]e of good moral character, as determined by a thorough background investigation."Section 1031.1 of the Government Code sets out the requirements facilitating this background investigation.In connection with conducting this investigation, law enforcement agencies often times require that the […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Duplication costs and “search fees”

    Under the California Public Records Act ( Government Code section 6250 et seq) a governmental entity is only entitled to the cost of running the copy machines and conceivably also the expense of the person operating it.The cost of duplication does not include the time spent retrieving, inspecting, and handling the file from which […]

    June 14, 2009

  • Asked and Answered

    CPRA

    What is a Reasonable Fee

    […] is reasonable, the board of supervisors may request the county auditor to conduct a study and to determine whether the fee or charge is reasonable."  In addition, Government Code section 54986 requires that for fees established after 1983, prior to any fee being set under section 54985, the Board of Supervisors "shall" follow a […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Waived copy fees

    Under the PRA, agencies can waive the duplication fee for providing copies of public records.  Moreover, section 6253(b) of the California Government Code provides that "upon a request for a copy of records," agencies shall make them "promptly available to any person upon payment of fees covering direct costs of duplication" (emphasis added). If […]

    June 14, 2009

  • Asked and Answered

    Brown Act First Amendment

    Video Tapes, Free Speech, and the Brown Act

    In general, the Brown Act attempts to balance the right to speak freely against the need of government agencies to conduct their business. Section 54954 of the Brown Act requires that every regular meeting of a legislative body provide an opportunity for members of the public to directly address the body on any item […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Third-Party Settlements

    The City has an obligation to make the settlement agreement public, under the Public Records Act ("PRA"). Records in the possession of state and local government entities are presumed to be public unless one of the PRA's enumerated exemptions to disclosure applies. See Cal Govt Code Section 6252. I know of no exemption in the […]

    June 14, 2009