News & Analysis as of

Public Access Laws Public Records State and Local Government

Frost Brown Todd

Indiana Political Subdivisions Required to Livestream, Record, and Archive All Public Meetings Beginning July 1, 2025

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In 2023, the Indiana General Assembly adopted HEA 1167-2023, which created a new statutory section within the Open-Door Law statutes (I.C. 5-14-1.5-2.9). That statute was subsequently amended in HEA 1306-2024 and is scheduled...more

Mandelbaum Barrett PC

Governor Murphy Signs OPRA Revamp That May Curtail the Right to Government Records

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On Monday, June 5, New Jersey Governor Phil Murphy signed Senate Bill 2930/Assembly Bill 4045 into law, modifying the process of requesting and obtaining public records, and significantly altering the rights of those who...more

Epstein Becker & Green

OPRA Reform Bill Passed by Gov. Phil Murphy Has Potential to Severely Limit NJ Public Record Transparency

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The ability to obtain public records in New Jersey is about to undergo a massive overhaul. A new bill, S2930, (the “Reform Bill”) was signed into law by New Jersey Governor Phil Murphy on June 5, 2024, and has the potential...more

Best Best & Krieger LLP

California Supreme Court Denies Petition for Review in Police Drone Footage Case

Police Drone Footage Only Exempt From Disclosure - In Some Circumstances The California Supreme Court recently denied the City of Chula Vista’s Petition for Review in Castañares v. Superior Court (Dec. 2023) 98 Cal.App.5th...more

Best Best & Krieger LLP

California Public Records Recodification

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AB 473 Takes Effect January 1, 2023, recodifying and reorganizing this important statute - The California Public Records Act (CPRA) was enacted in 1968 to promote public access to public records, while also recognizing...more

Best Best & Krieger LLP

Bill Expanding Public Access to Police Misconduct Records Approved by California Senate

Gov. Gavin Newsom Must Sign or Veto by October 10 - The California Legislature approved Sen. Nancy Skinner’s Senate Bill 16 on September 2, putting the question of whether to require disclosure of more police records...more

Bricker Graydon LLP

Public records for private police in Ohio: A refresher

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On May 21, 2015, the Ohio Supreme Court ruled in State ex rel. Schiffbauer v. Banaszak that police departments at private universities are “public offices” subject to Ohio’s public records law. This law requires such police...more

Franczek P.C.

Illinois Supreme Court Agrees with City of Chicago regarding Destruction of Police Officer Misconduct Records

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In a decision applauded by citizens of the City of Chicago and its leadership, the Illinois Supreme Court found that a provision in the collective bargaining agreement between the Fraternal Order of Police, Chicago Lodge No....more

Best Best & Krieger LLP

California Supreme Court: Government Cannot Charge Fee to Redact Police Body Camera Footage

California Public Records Act Provision Permitting Public Agencies to Charge for “Extraction” Analyzed - Government agencies are prohibited from charging a fee to redact police body camera footage in response to a...more

Franczek P.C.

With FOIA, Redacting Student Names Will Not Always Protect Student Privacy

Franczek P.C. on

A recent informal Illinois Attorney General Public Access Counselor decision interpreting the Freedom of Information Act is an important reminder that redacting student names from public records is not always sufficient to...more

Best Best & Krieger LLP

Record Disclosure Obligations for California Police

BB&K's Christine Wood Gives Updates on AB 748 and SB 1421 in PublicCEO - Now, more than ever, Californians have greater access to police personnel records, body and dashboard camera footage and other recordings acquired by...more

Best Best & Krieger LLP

LAPD, ACLU Reach Settlement in Public Records Act Lawsuit

LAPD Agrees to Requirements Significantly Beyond the CPRA - The Los Angeles Police Department and the American Civil Liberties Union settled a lawsuit brought last week that alleged widespread and systemic violations of...more

Best Best & Krieger LLP

California Attorney General’s Office Clarifies its Information Bulletin Regarding Public Access to Police Records - Information...

Senate Bill 1421 affords the public access to police personnel records related to reports, investigations and findings, via the California Public Records Act process (not the familiar Pitchess process)....more

Franczek P.C.

Court Orders Governor’s Office to Turn over FOIA Policy

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A recent Cook County court decision addressed a Freedom of Information Act (“FOIA”) request to Governor Bruce Rauner’s office, and shed some light on what “final” means for purposes of the “preliminary records” FOIA...more

Best Best & Krieger LLP

BB&K Attorney Gary Schons Conducting Review of Police Use of Communication App - TigerText, Used in Long Beach, Automatically...

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The City of Long Beach has hired Best Best & Krieger LLP Of Counsel Gary Schons to conduct an independent investigation into the Long Beach Police Department’s use of a controversial communications app. TigerText, which...more

Best Best & Krieger LLP

AB 748: More Public Access To Body Camera Footage Under PRA - Amendment To California Law Gives Public Agencies More...

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The California public will have a greater right to access police body camera footage, and any other audio or video recording acquired by any police agency or state prosecution office, under the Public Records Act with the...more

Troutman Pepper Locke

Record Levels of Open Records Activity in Texas—Are Legislative Changes on the Horizon?

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Texas Attorney General Ken Paxton announced in a press release that the Open Records Division of the Office of the Attorney General (OAG) handled a record number of Texas Public Information Act (TPIA) requests and issued an...more

Franczek P.C.

Records Containing Only Facts Are Not Subject to Section 7(1)(f) Predecisional Exemption

Franczek P.C. on

Recently, an Illinois Court of Appeals issued a decision mandating disclosure of assessment records from the Cook County Assessor’s Office to the Chicago Tribune under the Illinois Freedom of Information Act (“FOIA”)....more

Ballard Spahr LLP

New York Governor Bolsters Freedom of Information Law

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Champions of government oversight notched a significant win this week as New York Governor Andrew Cuomo signed legislation strengthening that state's Freedom of Information Law (FOIL). ...more

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