Public Records Act

News & Analysis as of

Public Records Act Update: Washington Court of Appeals Endorses Flexible Approach to Agencies' Response Time to Public Records...

In Andrews v. Washington State Patrol, No. 32288-2-III, 2014 WL 4627656 (Wash. Ct. App. Sept. 16, 2014), a case involving response times to public records requests, the Washington Court of Appeals ruled in favor of the...more

Tips for Reacting to an "In-Person" Public Records Request under Florida's Public Records Act

Under Florida's broad Public Records Act ("the PRA"), chapter 119, Florida Statutes, any person - whether an individual or a legal entity - can request access to or copies of public records in the custody of state agencies,...more

Sunshine Ordinance Preempted by City Charter Provision Creating Attorney-Client Privilege

The First District Court of Appeal determined that City of San Francisco (“City”) resident Allen Grossman (“Grossman”) was not entitled to documents related to the development of certain San Francisco Ethics Commission...more

Public Records Act Did Not Require School District To Produce Student Academic Growth Over Time Scores That Identified Individual...

The California Court of Appeal in Los Angeles Unified School District v.The Superior Court of Los Angeles County (July 23, 2014) 2014 WL 3615855, --- Cal.App.4th ---, recently held that unredacted academic growth over time...more

Florida Gives Breach Notification Statute More Teeth

On June 20, 2014, Florida Governor Rick Scott signed the Florida Information Protection Act of 2014 (“FIPA”), which will repeal Florida’s current breach notification statute at Fla. Stat. § 817.5681 and replace it with a new...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 In a recent unpublished decision, the Court of Appeal succinctly explains why submitting...more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

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

And the Survey Said… Let There be Sunshine!

The people of California are clamoring for more – more sunshine and transparency. It is the mantra being heard across the state. Next month, Californians will vote on Proposition 42 and whether to amend the California...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

When Innovation Outpaces the Law: Public Officials’ Private Devices, Accounts & the California Public Records Act

Part of JD Supra's series on innovation and the law. If a public official sends a text about the agency’s business from his or her personal phone on an account for which he or she foots the bill, is the text a public record?...more

Your Proposal May Be Accessible to Your Competitors: Safeguard Trade Secrets in Government Procurement

Businesses submitting bids, responses to requests for qualifications, and proposals to state and local agencies must remember that generally their submissions are subject to disclosure under the Public Records Act (PRA). The...more

Court of Appeal Says Communications on Personal Communicating Devices are Exempt from Disclosure under Public Records Act

Reversing a Superior Court ruling that had caused quite a splash a few months ago, in City of San Jose v. Superior Court (H039498, March 27, 2014), the Sixth District of the Court of Appeal has held that communications to and...more

City Officials Dodge Disclosure of Private Emails and Texts Under Public Records Act

In a case that seems sure to jump-start legislative activity in Sacramento and throughout the state, the court in City of San Jose v. Superior Court (6th App. Dist., Mar. 27, 2014), held that communications regarding City...more

Wyoming Supreme Court Vacates on Procedural Grounds a Lower Court Decision Holding Ingredients in Fracking Fluid Formulas Qualify...

On March 12, 2014, in Powder River Basin Resource Council v. Wyoming Oil And Gas Conservation Commission, et al., the Wyoming Supreme Court, on procedural grounds, vacated a trial court decision upholding the decision of 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

Weekly Recap Ethics News and Trends – February 10, 2014

Public servants with the utmost integrity also need to be aware of what is happening ethically around the state. In today’s climate, every public agency’s image is impacted by the missteps or misconduct of others. Below...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

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

Governor Signs Budget Trailer Bill Without Language Suspending Parts of the Public Records Act - State-Mandated Activities Remain...

Governor Jerry Brown has vetoed Assembly Bill 76 and signed Senate Bill 71. As introduced, both bills contained language that would have suspended certain provisions of the California Public Records Act. However, SB 71 was...more

BB&K Police Chief Bulletin: Public Records - Public Records Act May Require Disclosure of Content Stored on Personal Devices of...

Overview: A Santa Clara County Superior Court judge recently ruled that the California Public Records Act (PRA) required government agencies to disclose communications relayed through the privately-owned personal devices of...more

Emails and Text Messages On Personal Devices Subject to Public Records Act - Judge’s Ruling Demonstrates Risk to Public Agencies;...

A Santa Clara County Superior Court judge recently ruled that emails and text messages concerning city business but stored on a public official’s personal device are subject to the Public Records Act (PRA). The PRA request at...more

Court Orders Disclosure Of Venture Capital Fund Performance

California’s analog to the Freedom of Information Act is the Public Records Act, Government Code § 6250 et seq. In enacting the the Public Records Act, the legislature quite properly found and declared that “access to...more

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