News & Analysis as of

Public Records Municipalities

Tucker Arensberg, P.C.

OOR Confirms that Local Agencies Can Provide Responsive Records in PDF Format

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In Forrest v. Erie City, AP 2023-1701 (Sept. 28, 2023), Erie City responded to a request for a list of all rental properties registered and licensed in the City in an Excel spreadsheet by providing a PDF conversion of the...more

Orrick, Herrington & Sutcliffe LLP

Three Things to Consider When Sharing Confidential or Proprietary Information with State and Municipal Governments

Many companies find themselves in the position of voluntarily sharing some of their most sensitive data and other confidential information with state and local governments. For example, this type of information-sharing may...more

Goldberg Segalla

New York’s Freedom of Information Law Amended Again

Goldberg Segalla on

Key Takeaways - New York’s Freedom of Information Law (FOIL) was initially amended on December 29, 2021. On March 21, 2022, Governor Hochul signed a new law, amending FOIL again. Certain parts of the language approved...more

Houston Harbaugh, P.C.

Understanding the Right to Know Law and Why Certain Documents May be Protected

Houston Harbaugh, P.C. on

You may notice water being diverted from a neighboring property onto your property. Or, perhaps you have concerns that the property located above yours seems to be shifting, and you fear a landslide....more

Troutman Pepper

NJ Governor Signs COVID-19 Bills Impacting Municipal Government Operations

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On March 20, in response to the COVID-19 pandemic, New Jersey Gov. Phil Murphy signed into law two bills that impact the ongoing operations of municipal government during the health crisis. ...more

Best Best & Krieger LLP

[WEBINAR] Exploring the CPRA’s Investigatory Privilege

While the California Legislature included investigatory privilege as an exemption within the California Public Records Act, there are exceptions to this exemption. In this Best Best & Krieger LLP webinar, attorneys Christine...more

Best Best & Krieger LLP

California Public Records Act Case Law Update

Part 2: New CPRA Laws for 2020 - While an expansive array of records can be sought via a California Public Records Act request, the right to inspect public records is not without limits. The CPRA does not give unlimited...more

Tucker Arensberg, P.C.

OOR Holds that Borough’s Use of Taser Policy is Partially Exempt

Tucker Arensberg, P.C. on

Last week, we discussed how the OOR concluded that, for the most part, Taser discharge reports are public records. This week, we’ll examine whether policies related to Tasers are public records. In Ciavaglia v. Newtown...more

Tucker Arensberg, P.C.

OOR Holds that Zoning Permit Application is not Exempt under the Pennsylvania Uniform Construction Code

The 30 exceptions set forth in Section 708(b) of RTKL are not an exhaustive list of records that can or must be withheld from disclosure under the RTKL.  Instead, Section 102 of the RTKL contains a catch-all, stating that any...more

Best Best & Krieger LLP

[WEBINAR] Update: Social Media Meets the First Amendment

The line between free speech and privacy rights for public employees and elected officials has seemed murky — at best. However, we are finding some clarity in recently decided court cases. This Best Best & Krieger LLP webinar...more

Tucker Arensberg, P.C.

ORR Holds that the Investigative File of a Municipality’s Insurance Company is Not a Public Record

Tucker Arensberg, P.C. on

Under the RTKL, two groups of records are accessible—those records in an agency’s actual or constructive possession reached directly under Section 901 of the RTKL and records that are only in the possession of third parties...more

Best Best & Krieger LLP

First Court Ruling on Merits of SB 1421 - Police Unions’ Argument to Block Release of Pre-2019 Records Found “Legally...

In the first court ruling on Senate Bill 1421, a judge held that the new California law only applies prospectively, but still requires disclosure of pre-2019 police personnel records in response to Public Record Act requests...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

Tucker Arensberg, P.C.

Pennsylvania Office of Open Records Updates RTKL Fee Schedule

Tucker Arensberg, P.C. on

Section 1307 of the Right-to-Know Law (“RTKL”) requires that the Office of Open Records (“OOR”) establish a fee schedule for Commonwealth agencies and local agencies that establishes the fees for duplication by photocopying,...more

Best Best & Krieger LLP

Certain Police Personnel Records No Longer Confidential - New California Law Increases Access To Records Under PRA

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Local agencies in California will be required to provide increased access to peace and custodial officer personnel records with the passage of SB 1421, signed by Gov. Jerry Brown....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

Genova Burns LLC

Ocean County Prosecutors Need Not Disclose Police Video of Traffic Stop – For Now

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A divided New Jersey Supreme Court ruled today in Paff v. Ocean County Prosecutor’s Office that the “criminal investigatory records” exemption to public disclosure under New Jersey’s Open Public Records Act, permits the Ocean...more

Best Best & Krieger LLP

[WEBINAR] Social Media Meets the First Amendment

Although it may not feel like it, public employees and elected officials still maintain their rights to privacy and free speech, but is there a bright line? In this webinar, Best Best & Krieger LLP attorneys HongDao Nguyen...more

Best Best & Krieger LLP

[WEBINAR] Public Records Act - Taming the Email Tiger

In this webinar, Best Best & Krieger LLP attorney Christine Wood explains how public agencies can create an email retention policy that helps reduce PRA production costs. This webinar covers the basics of a good email...more

Best Best & Krieger LLP

Private Attorney General Statute to Award Fees Used in a Reverse-PRA Dispute - Part III: Pasadena Police Officers Association v....

Reversing a lower court, a California appellate court found that a newspaper could recover attorneys’ fees under the Private Attorney General Statute in a Public Records Act suit. The Second District Court of Appeal decision...more

Best Best & Krieger LLP

An Appellate Court’s Observation May Have Effect on Reverse-PRA Actions - Part II: Pasadena Police Officers Association v. City of...

In Pasadena Police Officers Association v. City of Pasadena, the Second District Court of Appeal made an interesting observation about the effect of the Public Records Act’s time requirement for a response to a PRA request...more

Genova Burns LLC

New Jersey Courts Hands Victories to Open Government Records Advocates

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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

Franczek P.C.

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

Franczek 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

Cranfill Sumner LLP

Legislation Update: How Should Law Enforcement Video Recordings Be Handled in NC?

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House Bill 972 was signed into law last summer, and took effect on October 1, 2016. The law is a significant change in the way municipalities are required to handle video recordings made by law enforcement, both with dash...more

Mintz

Massachusetts Legislature Overhauls Public Records Law

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Last week the Massachusetts Legislature adopted significant changes to the Massachusetts Public Records Law. These changes apply to all state agencies and municipalities and in theory are designed to improve the disclosure of...more

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