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Showing 801 - 810 of 1793 results

Asked and Answered

CPRA

Can’t access documents because the staff member in possession is on extended vacation

[…] of these records and have been informed that the person who has access to these records will be on vacation for at least another month. Does the government have the right to delay responding to my request for months due to vacations? If not, do you have any cases I can mention to the […]

October 5, 2011
Asked and Answered

CPRA

How long does the agency have to reply to my records request?

[…] and how that exemption applies. Gov't Code § 6253(c). If an agency refuses to provide records under the Act, the ultimate recourse is filing a lawsuit under 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 […]

January 19, 2012
Asked and Answered

CPRA

Can a fee be charged for requesting public documents held in storage?

The city may argue that charges for retrieval are based on the allowance of a "statutory fee" under Government Code § 6253(b). However, California courts have not ruled on what constitutes a "statutory fee." It seems obvious that a "statutory fee" must be one set forth in a "statute," that is a law passed by the […]

June 12, 2014
Asked and Answered

CPRA

Can I be charged for postage for CPRA requested documents?

[…] the County Clerk asking for postage (I ask to have the documents e-mailed). Looking online, state agencies presumably charge for postage. I have made requests from other state agencies but I don't think they have charged me postage for items sent. I know local government folks state they can't charge for postage. So, can I be charged for postage?

September 13, 2016
Asked and Answered

CPRA

School district claims too busy to fulfill document request

[…] to provide an estimated time and date of production. If an agency refuses to provide records under the Act, the ultimate recourse is filing a lawsuit under 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 […]

August 18, 2011
Asked and Answered

Brown Act

I ask for transparency; they ask me to resign

[…] the committee open its meetings, or notice and agendize its closed sessions. 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.

January 11, 2012
Asked and Answered

CPRA Police Records

Trying to gain access to police records on musician’s unresolved cause of death

The California Public Records Act, Government Code sections 6250 et seq., generally provides that the records of state and local agencies are open to inspection and copy upon request. As you can imagine, however, there are numerous categories of records excluded from the Public Records Act. Among these exemptions is Government Code section 6254(f), […]

April 13, 2012
Asked and Answered

CPRA Police Records

Denied request for identities of homicide victims four years after the crime

It would seem likes names would fall into the narrow category of information that is required to be disclosed about police investigations under Government Code § 6254(f). As you may be aware, the Public Records Act contains a general exemption for police investigatory records; however, certain information is required to be disclosed related to police […]

November 16, 2014
Asked and Answered

CPRA

Public Agency claims investigation files are exempt PRA

[…] I was informed the case was closed. I asked for access to their files of the investigation and was informed that it was exempt from disclosure California Government Code § 6254 (f). My interpretation of the statute is that it refers to law enforcement alone and not every public agency. I have argued that […]

December 13, 2014
Asked and Answered

Brown Act CPRA

CPRA request was denied for document discussed in open session

[…] client—as a part of the settlement, it would not be privileged. Protections for privileged records are not expressly listed in the CPRA, rather they are incorporated by Government Code section 6254(k), which exempts "records, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions […]

January 14, 2016