A&A: Have been denied access to my own “Physician’s Notice of Birth”

Q: I am requesting a certified copy of the commonly referred to “Physician’s Notice of Birth” (PNOB) issued by the attending physician of the birth. The town where I was born has my birth certificate on record, but neither the city records office nor the hospital where I was born  claim to have access to [...]

Open records dispute: Judge orders university to release contract with Palin

A Superior Court judge has ordered California State University of Stanislaus to comply with public records laws and release a speakers contract with Sarah Palin. -db
San Francisco Chronicle
August 26, 2010
By Nanette Asimov
California State University at Stanislaus violated public records laws and will have to release the speakers contract with Sarah Palin it had tried [...]

A&A: Is there a statute of limitations on CPRA cases?

Q: I have read the California Public Records Act and I have been unable to find a statute of limitations. Are you aware of any authorities that indicate how long a plaintiff has to sue under the CPRA?
A: The Public Records Act (”PRA” or the “Act”) does not provide for a statute of limitations for [...]

A&A: What’s the law regarding destruction of public records?

Q: What section of California law deals with retention and destruction of public records?
A: California has several statutes addressing document destruction/retention. With respect to city governments, Government Code Section 34090 requires that the city retain any record that is less than two years old:

Unless otherwise provided by law, with the approval of the [...]

A&A: Records request regarding government contractors was denied on privacy grounds

Q:  I manage a small organization that helps teach people to use public records for their protection. Recently we made a request to several municipalities for records of payments made to people doing business with the muni’s.
We sought to discover the names of persons or companies who were paid by the county or city in [...]

Cal State Stanislaus admits to possessing Palin speech documents

After saying they had no records pertaining to Sarah Palin’s contract for a speech at a fundraising event, officials at California State University Stanislaus copped to possessing “800 to 900″ documents. -db

California Watch
May 5, 2010
By Lance Williams
Is the open government ruckus over Sarah Palin’s speaking fee in Turlock sputtering toward a conclusion?
Terry Francke of Californians [...]

Same-sex marriage referendum: Supreme Court justices voice skepticism about keeping signatures private

In hearing arguments about keeping referendum signatures private in a referendum to repeal Washington’s domestic partnership law, several justices appeared unsympathetic to arguments of the attorney opposing making the signatures public. -db

Reporters Committee for Freedom of the Press
April 28, 2010
By Mara Zimmerman

The U.S. Supreme Court on Wednesday appeared skeptical of the argument that signatures on [...]

Leading gubernatorial candidates Meg Whitman and Jerry Brown need to show voters, by their own actions, that they are committed to transparency in government. Promises won’t cut it.

BY PETER SCHEER—As California voters begin the process of selecting the next  Governor of the ungovernable Golden State, the leading candidates owe them a demonstration of their commitment to government transparency.
All politicians are supportive of open-government “in principle;”  the question is whether they are committed in practice. The best test for that is a candidate’s [...]

California State Assembly Speaker bans texting in session

The new California Assembly Speaker has banned text messaging on the assembly floor prompting skepticism from First Amendment advocates that the ban is enforceable or efficacious. -db

CivSource
Commentary
March 9, 2010
By Bailey McCann

Last week, when John A. Perez became California’s new Assembly Speaker a point in his opening speech caught our eye — a new rule limiting [...]

A&A: Can City Attorney Withhold 911 Call Transcripts?

Q: A county supervisor called 911 to report what he described as an assault with several punches thrown at him. The local police department investigated and determined witnesses saw no punches thrown. After some delay, the city attorney has released the police investigative documents. Thus far, they have refused to release transcripts of the phone [...]

News organizations hopeful about obtaining parole documents of alleged kidnapper

A Sacramento judge tentatively ruled that the state must hand over Phillip Garrido’s parole records. Garrido has been charged with the kidnap of an 11-year-old girl and keeping her in captivity for 18 years. -db
The Sacramento Bee
February 5, 2010
By Sam Stanton
A Sacramento judge issued a tentative ruling Thursday that would require state corrections officials [...]

Internet raises stakes in cases pitting public disclosure against right to privacy

In Doe v. Reed, the U.S. Supreme Court will weigh the right to privacy under the First Amendment’s protection of freedom of speech and association against the need for open government and transparency in public elections. -DB
First Amendment Center
Commentary
January 19, 2010
By Tony Mauro
WASHINGTON, D.C. — The Supreme Court has agreed to review a case [...]

Watsonville: Council member criticizes city government for open government lapses

A former member of the Watsonville City Council and Planning Commission says that greater transparency is needed in expenditures and city contracts especially in legal and consulting services. -DB

Register-Pajaronian
Opinion
January 16, 2010
By Emilio Martinez
While walking the districts these past few weeks I had some long-term Watsonville residents use the word “corrupt” numerous times when talking about [...]

Redding newspaper sues fire district for records on investigation of ex-fire chief

The Redding Record Searchlight has asked the county superior court to release documents on alleged mismanagement and misconduct by an ex-fire chief. The chief resigned last July. -DB

Redding Record Searchlight
November 10, 2009
By Jim Schultz

The Record Searchlight on Monday sued the Anderson Fire Protection District to obtain an investigator’s report on the conduct of its former [...]

Court rules CA counties must disclose pension amounts paid to government retirees

Nov 6, 2009—In a case filed by the First Amendment Coalition, the Modesto Bee and the California Newspaper Publishers Association, a California Superior Court has ruled that county governments, upon request, must disclose–by name–their retirees’ pension payments.
The Superior Court for Stanislaus County reasoned that the public interest in access to government employees’ pensions outweighs the [...]

Judge rules challenge to records release a SLAPP

While acknowledging that a plaintiff had no right to keep pension records private, a Superior Court judge ruled that the plaintiff’s concern about her privacy was legitimate and dismissed a motion for attorney fees brought by media concerns. -DB
Metropolitan News-Enterprise
September 8, 2009
By Steven M. Ellis
An action by a group of newspapers against a retired Contra Costa [...]

Law proposed to shed light on state university foundations

University officials claim that a law forcing disclosure financial dealings of nonprofit university foundations serving state institutions would be too costly. Open government advocates say that recent expenditures, illegal or questionable, show the need for disclosure. -DB
Capitol Weekly
August 13, 2009
By Maryam Ali
Free-speech groups are trying to force the state’s public universities to disclose financial relationships worth [...]

Judge says government pension records subject to disclosure

The California Supreme Court ruled in 2007 that names and salaries of government employees are public record but did not specifically mention retirees. A Contra Costa judge has now ruled that that records of county’s pension funds must be disclosed. -DB
Metropolitan News-Enterprise
July 15, 2009
By Sherrim M. Okamoto
A county’s pension records are not exempt from disclosure pursuant [...]