Public Records

News & Analysis as of

Public Records Produced Pursuant to OPRA May Not be Redacted for Irrelevancy

The New Jersey Appellate Division has recently confirmed the public’s unfettered right to access government records, regardless of whether certain information produced falls outside a specific request....more

Getting What You Need Under FOIA

As an attorney, you have a duty to do an adequate investigation before asserting any claim, but your investigation can’t intrude on others’ privacy rights. Getting public record information is one way to get what you need...more

State Constitution Now Requires Local Agencies to Follow Brown and Public Records Acts - Whether or Not State Reimburses...

Voters Pass Proposition 42 and Create a Constitutional Amendment - California voters just approved Proposition 42, a state constitutional amendment to eliminate the requirement that the state reimburse costs incurred...more

How A Public Records Act Request Can Be Better Than A Subpoena Duces Tecum

The California counterpart to the Freedom of Information Act (aka FOIA) is the Public Records Act, Government Code Section 6250 et seq. In a recent unpublished decision, the Court of Appeal succinctly explains why submitting...more

The Names Of Officers Involved In An On-Duty Shooting Must Be Disclosed Under The Public Records Act, Unless The Party Resisting...

The California Public Records Act ("Act") requires the disclosure of public records, unless such records are exempt from disclosure. In Long Beach Police Officers Association v. City of Long Beach, --- P.3d ----, 2014 WL...more

BB&K Police Bulletin: Officers Named in Shootings

State Supreme Court Rules that Police Agencies Must Disclose Names of Officers Involved in Shootings Under the California Public Records Act - Overview: The California Supreme Court just ruled that the names of police...more

Rogue CFO III – Background Checks

Perform Background Checks. It seems obvious. Why would a company not want as much information about a candidate for its CFO position that it can legally obtain? But this oversight is common. Too many smaller companies hire...more

Iowa Case Highlights Often Overlooked Risk of Releasing Personal Emails in Public Records Requests

As a frequent advisor to school districts on freedom of information requests, the question I face most often is how a public body can protect a sensitive document from release. ...more

Appellate Court Public Records Act Decision Leaves Questions Unanswered

When the decision in City of San Jose v. Superior Court was announced, many public agency employees and officials were relieved to read that the Court of Appeal agreed with the city: communications on public officials’...more

N.C. Public Records Case Opens up Access to Agency Database

The North Carolina Court of Appeals recently decided a landmark case for public records law in the state. In that case, the panel of three appellate judges determined that the Automated Criminal/Infraction System (“ACIS”)...more

Messages Stored on Personal Electronic Devices in Personal Accounts Are Not Public Records

The disagreement between the trial court and 6th District Court of Appeal in Smith v. City of San Jose illuminates a growing concern over how to treat electronic communications that the Public Records Act never contemplated....more

California Case Allowing Denial Of FOIA Request For Public Communications On Private Electronic Devices Instructive For Illinois...

While California and Illinois do not share the same weather, they seem to be similar in at least one aspect: Their court decisions support denial of Freedom of Information Act (FOIA) requests for most communications by public...more

Communications Between Public Officials Using Private Cell Phones or Email Accounts Are Not Public Records Requiring Public Access

City of San Jose v. Superior Court of Santa Clara County (Ted Smith, Real Party) - Sixth District Court of Appeal, Action # H039498 (Filed Mar. 27, 2014) 2014 WL 1254821 ____Cal.App.4th____ - The California...more

Communications by Public Officials Using Private Cell Phone or E-Mail Accounts are Not Public Records

The California Public Records Act (“CPRA”) requires the disclosure of “public records” on request, unless such records are exempt from disclosure. In City of San Jose v. Superior Court (March 27, 2014, H039498) ---...more

Communications From Officials' Private Cell Phones and E-Mail Not Subject to Public Records Act

Public Agencies are Free to Adopt Their Own Policies Regarding Access to Private Communications on Public Issues - A California Court of Appeal ruled yesterday that public agencies are not required to disclose...more

GO-Biz Finalizes Proposed California Competes Tax Credit Regulations

The Governor’s Office of Business and Economic Development (“GO-Biz”) releases final proposed regulations on the California Competes Tax Credit. On January 31, 2014, GO-Biz released final proposed regulations for the...more

Is An Officer’s Name Private?

On March 4th of this year, the California Supreme Court will hear Long Beach Police Officers Association v. City of Long Beach et al. (Los Angeles Times Communications LLC, Real Party in Interest). The Court will hear...more

Private E-Mail and Public Officials: What's a Public Document?

The "Bridgegate" scandal in New Jersey involving an investigation into the George Washington Bridge lane closures has included many instances of Governor Chris Christie's top officials utilizing their own Gmail, Yahoo, or...more

Local Agencies May Submit Claims for State Reimbursement of Public Records Act Costs

Claims Must Be Filed No Later Than February 28, 2014 - The Office of the State Controller (SCO) has released instructions for local agencies to submit claims for state reimbursement of costs incurred between fiscal...more

Individual Fund Information for Investments Made by a Public Agency were not Prepared, Owned, Used, or Retained by the Agency,...

Reuters America LLC submitted a request pursuant to the California Public Records Act (“CPRA”) seeking individual fund information for current investments made by the Regents of the University of California (“Regents”). ...more

Court Rules Private Fund Data Is Not A Public Record

Private equity and venture capital funds like public pension fund money but they don’t necessarily like the consequences of having the government as an investor. As noted in this post, this was illustrated by Superior Court...more

Texas Public Information Act: Uniform Trade Secret Act Broadens the Scope of Protection

The 83rd Texas Legislature recently enacted Senate Bill 953 and created the Texas Uniform Trade Secrets Act ("TUTSA") in Chapter 134A of the Texas Civil Practice and Remedies Code. For companies wishing to defend their...more

Will Fracking Recipes Remain Secret?

Wyoming was first in the nation with requiring oilfield service companies to submit the ingredients in fracking fluids to a governmental agency – the Wyoming Oil and Gas Conservation Commission (Commission). In the interest...more

Public Record Requests—New Scope of Confidentiality and Disclosure Requirements Under Nevada's Public Records Act

In a recent en banc opinion affecting all Nevada public entities, the Nevada Supreme Court addressed the scope of confidentiality under Nevada’s Public Records Act, NRS 286.110(3)(“the Act”)....more

Plaintiff May Not Use Social Security Disability Determination To Prove Disability In Personal Injury Case

A New Jersey Appellate Division Court holds that the plaintiffs were precluded from utilizing a Social Security Administration disability determination in a personal injury action. ...more

55 Results
|
View per page
Page: of 3