A&A: Denied access to file detailing code violations

Q: The city department of Code Enforcement wants to fine me $2500 per day up to $100,000 for code violations at my resident. When I made a public record request to see the evidence that the City’s has gathered on my property, it was denied stating that the case is still open and considered an [...]

A&A: Denied records of homicide investigation

Q: Two family members were involved in a murder/suicide. On the night of the incident the homicide detective told me I would be able to get copies of the investigation once done. The investigation is done, but I am being told that I have no right to files and that the homicide dept. does not [...]

A&A: Can a private company profit by selling public information

Q: Can a private company make a profit by selling public information? Or is there a law that says they cannot take public information and charge people to look at it? A: There is no restriction on a private entity that obtains public records from charging someone for copies of those records. The Public Records [...]

California: District judge orders state legislators to disclose budget records

In a case brought by the Los Angeles Times, the Pasadena Sun and the Sacramento Bee, a Sacramento Superior Court judge ordered the California Assembly to release budget records under the California Public Records Act. Lawyers for the Assembly did not participate in oral arguments before the judge last week. -db From the Los Angeles [...]

California: Citizen loses suit to gain access to domestic violence registry

A California appeals court ruled that a man who wanted to find out if he were registered in the Domestic Violence Restraining Order System could not have access under the Information Practices Act of 1977. A judge had earlier ruled that the registry was exempt under the California Public Records Act. -db From the Metropolitan [...]

Group challenges California government agencies for increasing fees for duplicating documents

A California research group says that government agencies trying to cope with budget shortfalls are resorting to increasing fees for copies of public documents in violation of the state’s Public Records Act. The act prohibits charges for retrieving public records to the costs of duplication. But Sacramento County charges $13 for page 1 and $3 [...]

A&A: Denied access to supervision records of high-risk parolee

Q: Message I’m trying to obtain records of supervision for a high-risk parolee who is accused of murder. I sent a public records request and received a rejection letter that cites dozens of government codes in its defense. But I wonder if there’s a way to fight that rejection. After all, that information has become [...]

A&A: Reporter denied access to a court decision made against a school district

Q: I’m a reporter trying to access information regarding a lawsuit against the local school district. A decision was made but so far, no documents of that decision have reached the court records department. The only document filed is a single-page notation that the case was heard. There’s no indication the records have been sealed. [...]

A&A: Should I need authorization to access arrest records?

Q: I submitted a request arrest and incident reports from a police department for a case involving my client but I got a call from someone in the Records Department who said that I needed to submit signed authorization from my client. Is that the case in your practice? A: If a person were submitting [...]

A&A: Does a councilmember use of personal email address mean all messages are exempt?

Q: I was wondering if a city councilmember uses his personal email address as his primary source of contact, lists it on a city’s website as his email address, if any communication done on that email address is still exempt from the California Public Records Act? Is any legislation is coming down the line to [...]

A&A: Can I access emails of city employees using personal emails for city business?

Q: Our newspaper made an public records request for ”all emails to and from city employees” regarding a new parking meter system the city is using.  Our intention is to see whether employees have written emails stating that the system is not working properly. In response, the city attorney exempted an unspecified number of emails [...]

A&A: Accessing county’s payments to a doctor now under arrest for molestation

Q: I am a journalist and victims advocate. I wanted to know about whether it was possible to get records of payments made by all  County agencies–including the District Attorney’s office–to a child psychiatrist. The psychiatrist was arrested for molesting hundreds of boys and was under contract to the courts for four decades. We have [...]

A&A: Police refuse to release report on shooting

Q: The police are refusing to release a report it is doing on a shooting. Many months have passed since the incident. They give no explanation for their actions. What would be the best way to proceed to get them to release the report? A: As you may know, under California’s Public Records Act, public [...]

A&A:Trouble obtaining arrest records and mugshots

Q: We are attempting to obtain arrest logs and mugshots or the booking photos associated with each arrest from local police jurisdictions for the purpose of crime statistical data gathering. We are asking for data on a consistent basis, i.e. daily email, weekly spreadsheets etc. Some jurisdictions have supplied the arrest logs but no photos. [...]

A&A: Can public access city’s internal investigation report?

Q: Can an internal investigation conducted by a city be obtained by an individual. The essence of the investigation is the purchase of equipment from a company and paying twice the amount quoted by another company for the same exact equipment. The difference in price was $25,000. The copy of the outcome of the investigation [...]

A&A: Who is allowed to access arrest records?

Q: I submitted a request for  arrest and incident reports from a police department for a case involving my client but I got a call from someone in the Records Department who said that I needed to submit signed authorization from my client. Is that the case in your practice? A: If a person were [...]

A&A: Is it legal to charge fees for viewing a transcript?

Q: My organization is being charged a fee to view parole hearing transcripts–not copy; simply view. We are also told we will be charged to view the complete parole board’s response to a public hearing. We would like an opinion on the legality of this policy A: It sounds like you know that under the [...]

A&A: How can I get around the CPRA “catch-all” exemption?

Q: A recent CPRA request  to the  California Department of  Justice resulted in a partial denial of responsive records; they claimed the deliberative process exemption for the records not provided (citing Times Mirror). If a process is not related to something truly requiring secrecy, are there any options to pursue this information and what would [...]

A&A: When government outsources program are documents public?

Q: I have asked the city for a particular statistical report about their red light camera system. They have refused to provide the records, and have ignored my offer to pay (per GC 6253.9(b)). The requested report is one which a city can obtain by going to the website of their red light camera vendor, [...]

A&A:Request for documents on Tax Lien Sale denied. Why?

Q: How do I request in writing all records and e-mail communication on a property that was removed from a Tax Lien Sale from the time the first code enforcement violations to the present time. I have been refused an informal request without a good explanation. I would like to see the law that would [...]

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

Q: I requested e-mail records from a  public agency months ago. I am still waiting for many 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 [...]

A&A: Sheriff’s office denies access to 2004 arrest documents saying too much time has elapsed

Q: I recently requested information pertaining to a 2004 arrest of a man by the Sheriff.  I was told by their Discovery Officer that my request would be denied because the records are so old and I’m no longer entitled to the information under the Public Records Act. She cited 6254 f(1) and (2) which [...]

A&A: How can I get the police dept. to release a shooting report?

Q: The local police department is refusing to release a report on a shooting. Many months have passed since the incident. They give no explanation for their actions. What would be the best way to proceed to get them to release the report? A: As you may know, under California’s Public Records Act, public records [...]

A&A:Denied access to county’s seismic studies

Q: I have been seeking access to seismic studies performed as part of the county’s subway extension process but my request has been denied. I would like to make the request under the FOIA. How should I do this? Does the County have its own FOIA? A: Since it sounds like the agency you are [...]

San Diego: Dispute over release of wrong documents in public records request

The Tri-City Healthcare District is asking a court to stop the San Diego Union-Tribune from publishing what they say are “privileged and confidential communications.” Tri-City accidentally provided the records in response to a public records request. The contents of the communications are not known, but among other things, Tri-City is upset that the Union Tribune [...]

A&A: Can I reqest public staff time cards?

Q: My community has a special water district. There is a manager and a five-person elected board. Would the manager’s time-card be public information? Also, the board has not approved the minutes for months. Is there a time limit to approve minutes from meetings? A: Under the California Public Records Act, public records, including “any [...]

California Supreme Court to hear case challenging restrictions on releasing computer data

Why is okay to withhold information transferred to electronic format when the same information in document form is available under the California Public Records Act( (CPRA)? That is the question the California Supreme Court will consider in reviewing a Court of Appeal decision that Orange County could charge the Sierra Club $300,000 for the Orange [...]

California: Sonoma County pension board agrees to release pension data

After a state appellate court ruled that the Sonoma County Employees’ Retirement Association could not refuse the Santa Rosa Press Democrat’s requests under California Public Records Act for pension figures for county government retirees, the pension fund board acceded to the requests. In withholding the information, the pension fund board was complying with a 1937 [...]

A&A: Request for police surveillance records met with 90-day delay

Q: Our watchdog organization submitted a PRA request on three months ago for copies of audio and visual surveillance recordings made during a political demonstration. Within 10 days we received a response saying that we would get all ”releasable” items within 90 days. I have twice called, and left messages for the officer who responded [...]

A&A: Am I allowed to make my own copies instead of paying the agency fees?

Q: A local government agency has allowed me to inspect public records per a PRA request, but refuses to allow me to make copies at my own expense. Instead they maintain the position that my rights end at inspection and I would need to pay them to make any copies. Are you aware of any [...]

A&A: UC keeps extending my records request without providing a reason

Q: I have sent the university several PRA Requests in conjunction with my son’s recent death on campus.  The state university responded that they would respond to my request in 10 days. Ten days later I received a letter saying they  they would produce the requested documents on almost a month later.  When the appointed [...]

A&A:Costs soar for City Council meeting DVDs

Q: I know that cities cannot charge for staff time when it comes to making photocopies in public records requests. Does this extend to DVDs as well? It appears we are being charged staff time, so DVDs now cost $18 each. Previously I was able to get them free by bringing in a blank DVD [...]

A&A: How can copy fees vary from agency to agency?

Q: I submitted a bid to be the janitorial service provider for the county court house.  After the bid was over I asked for the bid results, evaluation results and winning bidders proposal. I received a letter back stating that I had to pay $0.50 per page when I normally pay $0.10 per copy from [...]

California court orders county to disclose data on employee retirement

A California appellate panel held that the California Public Records Act required the Sonoma County Employees’ Retirement Association to release the names and benefits of its members. The association argued that disclosing the information would subject its members to consumer fraud, but the panel rejected that argument. The Santa Rosa Press Democrat had sued for [...]

A&A: Sheriff’s office won’t release names of inmates held on immigration charges

Q: I’m working on a story about inmates in county jail released into ICE (Immigration Customs Enforcement)  custody. Seeking records of these individuals has brought up two questions. The first: are records of jail inmates (aka booking info) public? The county sheriff’s office says no. The second: are local jails prohibited from release names of [...]

A&A: Can I appeal a records request denial from State Medical Board?

Q: I made a request to the California Medical Board for licensing application information. The Medical Board denied my request and offered no avenues for appeal. By my reading of relevant case law, and admittedly I am not a lawyer, this information is clearly not exempt from the Public Records Act. Are there avenues for [...]

A&A: Should complaints against belligerent councilman be public?

Q: I am a reporter trying to access public records  for two investigations regarding incidents involving a City Councilman — one at a city-owned clubhouse and the other at a local transit agency. Both of my public records requsts have been rejected because officials say it is a personnel matter. In the transit agency’s rejection [...]

A&A: School district claims too busy to fulfill document request

Q: I have made numerous attempts to view board meeting minutes, a contract with a specific vendor, payment documents to that vendor, and the names of the other bidders who were not selected for the position at the School District offices. Each time they sent me away saying that they were too busy to get [...]

A&A: How to access Health & Safety building layout plans

Q: I need copies of site plans and store layout plans for evidence in a Planning Commission Appeal. I am aware of Health & Safety Code Section 19851 requiring permission from an architect. However, how does the Records Act affect 19851. Is my assumption that the City needs to disclose emails on specific subjects correct? [...]

A&A: Are the applications for state professional licenses public?

Q: I am a researcher for a state government agency.  For a current project, I hoped to access the applications for state professional licenses submitted by engineers. I say the records are public. Our lawyer said no.  Help! A: Under the Public Records Act, public records — which include “any writing containing information relating to [...]

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