News & Analysis as of

Public Records

Automated License Plate Scans Data May Be Disclosed - California Supreme Court Finds Public Record Exemptions Do Not Apply

by Best Best & Krieger LLP on

Data from automated license plate readers may be disclosed under the California Public Records Act, the state Supreme Court said in a ruling issued recently. The case, which pits law enforcement against open government...more

Can they Resign? Privacy Issues for Iowa Public Employers

by Davis Brown Law Firm on

In a post last week, we covered some of the implications of allowing an employee to resign rather than be terminated. House File 291, signed into law earlier this year by Governor Branstad greatly impacts public employers and...more

Cherokee Agency and the Standard for Disclosure of Public Records in Tennessee

by Butler Snow LLP on

As statutes go, the Tennessee Public Records Act (TPRA) is fairly straightforward. Under it, “[a]ll state, county, and municipal records shall . . . be open for personal inspection by any citizen of this state[.]” “[T]hose in...more

PRA Request Compliance May Not Shield from Attorney's Fees - California Appellate Court Orders City to Pay

by Best Best & Krieger LLP on

The City of San Diego was ordered by an appellate court to pay attorney’s fees to a Public Records Act requestor-plaintiff — despite having produced all requested records, and the trial court having dismissed a PRA writ...more

The Tennessee Health Services and Facilities Report - August 2017

by Burr & Forman on

The Tennessee Health Services and Development Agency ("HSDA") is responsible for regulating the health care industry in Tennessee through the Certificate of Need Program. A Certificate of Need ("CON") is a permit for the...more

Petitioner is Prevailing Party Entitled to Attorney Fees Where Undisputed Evidence Proves that Writ Petition Motivated City to...

by Miller Starr Regalia on

The California Public Records Act provides for public inspection of records maintained by state and local agencies and declares that “access to information concerning the conduct of the people’s business is a fundamental and...more

Under The Public Records Act, A Losing Party May Be The Prevailing Party

by Allen Matkins on

When the California legislature enacted the Public Records Act, it declared “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state”. Gov’t...more

New Jersey Courts Hands Victories to Open Government Records Advocates

by Genova Burns LLC on

Over the past month, the New Jersey courts have handed down several rulings clarifying the scope of New Jersey’s Open Public Records Act, or OPRA. The rulings have resulted in several significant victories for advocates of...more

Colorado Open Records Act Amendments Take Effect This Month

by Holland & Knight LLP on

Colorado Gov. John Hickenlooper signed Senate Bill 17-040 into law on June 1, 2017, marking the first major update to the Colorado Open Records Act (CORA) in more than 20 years. The amendments to CORA are effective on Aug. 9,...more

Questions About FOIA and E-Discovery? Look No Further!

by Exterro, Inc. on

Corporations struggling under mountains of electronic data and rapid fire e-discovery requests may find solace in the fact that they don't have it nearly as bad as many government agencies answering requests under the Freedom...more

Illinois Attorney General’s Public Access Counselor Issues Binding Opinions Regarding FOIA Exemptions

by Franczek Radelet P.C. on

The Public Access Counselor (PAC) of the Illinois Attorney General’s office recently issued two binding opinions addressing the Freedom of Information Act (FOIA). Specifically, the opinions found two public bodies in...more

IL Supreme Court Rules IHSA Not Subject to FOIA

by Franczek Radelet P.C. on

The FOIA litigation saga continues as the Illinois Supreme Court in Better Government Association v. IHSA ruled in favor of the athletic association and High School District 230, holding that the records requested are not...more

Illinois Court Rules That College Foundation Documents Subject to FOIA

On May 9, 2017, the Illinois Appellate Court held that the College of Du Page Foundation (Foundation), a fundraising organization for the public College of Du Page (College), is subject to the state’s open records law. In...more

Governor Scott Signs Public Records Bill: Relief for Florida Agencies

by Rumberger Kirk & Caldwell on

Florida public agencies have made tremendous efforts in training their staff to comply with their responsibility under the Florida Public Records Act. Unfortunately, one technical mistake has turned this law into the Lawyer’s...more

FOIA and Public Records: IHSA 3, BGA 0

by Holland & Knight LLP on

In Better Government Association v. Illinois High School Association and High School District 230 IL Supreme Court No. 121124, the Illinois Supreme Court, on May 18, 2017, affirmed an appellate court's ruling that the...more

Appellate Court Holding Extends FOIA to College Foundation

by Franczek Radelet P.C. on

Recently the Second District Appellate Court issued an opinion holding that the Illinois Freedom of Information Act (FOIA) applied to certain records in the possession of the College of DuPage Foundation, a 501(c)(3) entity...more

PAC Upholds Municipality’s Denial of Request for FOIA Fee Waiver

by Franczek Radelet P.C. on

The Public Access Counselor recently issued a non-binding opinion holding that public bodies have the discretion to decide whether to waive or reduce copying fees associated with the production of documents responsive to FOIA...more

The Expanding Definition of “News Media” Under FOIA

by Franczek Radelet P.C. on

In the age of Twitter and blogging, it is not always easy to tell who qualifies as a journalist or member of the media. But according to a recent advisory opinion from the Public Access Counselor of the Illinois Attorney...more

CAS Legal Mailbag Question of the Week – May, 2017 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: When I signed up to be an administrator, I never realized what expansive rights nosy people have under the Freedom of Information Act. I understand that the public has the right to know certain things,...more

Finally Relief for Florida Agencies Safe Harbor with Public Records Requests

Florida public agencies have made tremendous efforts in training their staff to comply with their responsibility under the Florida Public Records Act. Unfortunately, one technical mistake has turned this law into the Lawyer’s...more

Latest Developments from the Connecticut General Assembly: The Education Committee Has Spoken - May 2017

We had written earlier about the proposed bills that the General Assembly’s Education Committee voted favorably on and advanced out of committee at its March 8, 2017 meeting. The Committee subsequently voted favorably on a...more

CAS Legal Mailbag Question of the Week – May, 2017

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I was just appointed principal of my school last fall. Despite my charming personality, I find that I am not the most popular person in my building. Originally published in the CAS Weekly Newsletter...more

Wage Violations Are Now “Public Record” Under Colorado’s New Wage Theft Transparency Act

On April 13, 2017, Governor Hickenlooper signed the Wage Theft Transparency Act into law, which is effective immediately. The Act makes “wage theft” violations in Colorado, including nonpayment of wages or overtime...more

CAS Legal Mailbag Question of the Week – April, 2017

by Shipman & Goodwin LLP on

Dear Legal Mailbag: Recently, a parent stopped by my office unannounced to complain that one of my teachers was rude to her darling little son. This is not the first time that she has leveled an accusation against one...more

Beware Of Relying on Your Confidential Information

by Jones Day on

If you are involved in an IPR and you are contemplating whether to rely on your own confidential information as part of a filing, you need to consider the risk that the Board will deny your motion to file under seal because...more

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