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Asked and Answered

CPRA

What does the CPRA say about an agency charging a $48 “clerical fee”?

[…] how it relates to the direct cost of duplication for the records you requested. 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.

September 15, 2015
Asked and Answered

CPRA

Fire Department Mishandled Response to CPRA Request

[…] time. I responded in writing pointing out the first four violations of section 6253. The department responded on Nov 8th by email with the following: "Per California Government Code 6253 the Fire Department is responding and providing an estimated date and time when disclosable document(s) will be made available. November 30, 2018.8:00 am. We […]

January 26, 2018
Asked and Answered

CPRA Police Records

Seeking 911 records for wrongful death

[…] included in the statutory definition of a "health care provider." It reasoned that the term included persons ‘reasonably believed to be such by the patient.’" See Open Government Guide, Access to Public Records and Meetings in Louisiana, Sixth Edition (2011), Section (IV)(N)(3). In any event, you should probably submit a written request for the […]

March 28, 2016
Asked and Answered

CPRA Newsgathering Police Records

Requests for crime reports denied by police department

[…] having trouble obtaining crime reports from our local police department. I've requested crime reports twice and both times I'm told that they are being withheld because of Government Code section 6254(f). To be clear, one time I requested all crime reports that had been filed over a month period. The second time, I requested […]

July 10, 2017
Asked and Answered

CPRA

Are a Public Agency’s Private Sector Contrators’ Emails Subject to the Public Records Act?

[…] a PRA request. 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. No attorney-client relationship has been formed by way of this response.

May 14, 2018
Asked and Answered

Brown Act

Recording Meetings without Informing/Consent

[…] initial question would be whether the Board of Directors of a homeowners' association is covered by the Brown Act. I doubt that it is. If it is, Government Code § 54953.4 would allow you to tape the meeting without permission unless the Board finds that the taping cannot continue without creating so much noise […]

June 14, 2009
Asked and Answered

Brown Act

Is a Coordinating Committee exempt from the Brown Act?

[…] business. Whether the Brown Act's meeting requirements apply to an ad hoc committee depends on whether the particular committee may be defined as a "legislative body." Section 54952 of the Government Code defines "legislative body" to mean, among other things: The governing body of a local agency or any other local body created by state or federal statute. […]

April 19, 2016
Asked and Answered

Brown Act

When can a public Board claim attorney-client privilege?

[…] or discussed at the meeting, including items to be discussed in closed session"), and a second time immediately before the closed session is convened. As stated in Government Code section 54957.7: (a) Prior to holding any closed session, the legislative body of the local agency shall disclose, in an open meeting, the item or […]

March 25, 2013
Asked and Answered

CPRA

Documents once public now denied

[…] medical technicians association 3. In paper copies as provided by that group. Since July 26 2010 we have submitted the same records request have been denied under Government Code section 6254(c: "The information that you seek constitutes examination data used to administer a licensing examination. As such, this information is exempt from disclosure under […]

January 12, 2011
Asked and Answered

CPRA

Can an agency’s CPRA defense go beyond the exemptions in the initial denial?

I was recently denied government records based on a single specific exemption to the California Public Records Act. I truly believe these records should be public so I filed a lawsuit myself to compel disclosure. After serving the lawsuit, the head of the agency informed me during a meeting that they may defend the […]

September 16, 2010