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  • Asked and Answered

    CPRA

    Request Denials, No Documentation

    As you know, one of the most powerful tools for monitoring government activities in California is the Public Records Act.  The PRA, however, provides for the disclosure of existing records and not for the disclosure of information in general.  To make effective use of the PRA, it is therefore useful to frame requests in […]

    June 14, 2009

  • Asked and Answered

    CPRA

    How to file a verified petition

    […] plaintiff who prevails in litigation filed pursuant to the Act.  Gov't Code § 6259(d). Bryan Cave 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.

    April 18, 2016

  • Asked and Answered

    CPRA

    Can I use the Sunshine Act to access to state-controlled information?

    Proposition 59 amended the California Constitution to add greater access to government records and meetings.  You can find more information regarding Proposition 59 on the FAC website here: CA Proposition 59. However, if you seek records from a specific state agency, I suggest making a request in accordance with the California Public Records Act. Under the […]

    April 7, 2016

  • Asked and Answered

    Brown Act

    No vote on new superintendent, but of consensus reached in closed session

    The Brown Act contains a few narrow exceptions to its general requirement that meetings be open to the public.  One of these exceptions is found in Government Code § 54957(b), which authorizes public agencies to hold a meeting in closed session "to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public […]

    August 26, 2016

  • Asked and Answered

    CPRA Newsgathering School Records

    State university won’t disclose student cafeteria workers’ pay

    […] exempt the salary information that you are seeking, such as the FERPA, it may be that the university is justified in withholding those records.  Id. ("[IFPTE] thus confirms that government payroll information—whether it be the salaries of active public employees or the gross pension amounts paid to retirees—is public information that cannot be kept confidential unless […]

    June 14, 2014

  • Asked and Answered

    CPRA

    Can I go to small claims to appeal a denial of my CPRA request?

    […] feasibly go to small claims for relief in equity to appeal the denial and get my records? Just to clarify, does that also hold true for the Information Practices Act? [The Information Practices Act of 1977 (California Civil Code, sections 1798 et seq.) requires government agencies to protect the privacy of personal information maintained by state agencies.]

    August 13, 2013

  • Asked and Answered

    CPRA

    CPRA for personal medical record

    […] or other law exempts them from disclosure. While many hospitals, particularly those that are part of a hospital district that receives funding and other support from local government, are subject to the PRA, there may be hospitals that are not necessarily subject to the PRA. You might want to check to make sure the […]

    April 20, 2016

  • Asked and Answered

    CPRA

    CPRA Exemptions for Drafts

    […] letter asking for clarification on why certain documents were not produced. To the extent that you believe any documents that should have been disclosed but were not, Government Code section 6259 allows you to file a lawsuit.  Lawsuits to enforce the CPRA are usually initiated by a verified petition (i.e., a request filed under […]

    April 2, 2018

  • 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