PRA History

Question 1

<p>Government Code Section 6250</p>

Answer 1

<p>California Public Records Act (CPRA)</p>

Question 2

<p>What is the CPRA based on</p>

Answer 2

<p>Freedom of Information Act</p>

Question 3

<p>What is the central purpose of both the CPRA and Freedom of Information Act?</p>

Answer 3

<p>To disclose official information which sheds light upon a government agencies' performance of its duties</p>

Question 4

<p>Regarding PRA - what is the fundamental right of every person in CA?</p>

Answer 4

<p>To have access to information concerning the people's business</p>

Question 5

<p>What is a public record?</p>

Answer 5

<p>Any writing containing info relating to the conduct of the public's business</p>

Question 6

<p>Per GC 6252, what are examples of departmental public records?</p>

Answer 6

<p>Writings that are prepared, used, owned, and or retained</p>

Question 7

<p>What are specific examples of writings (though not all inclusive)</p>

Answer 7

<p>handwriting, typewriting, printing, photography, email, data base information, papers, letters, pictures, sounds, symbols, maps, magnetic or paper tapes, photo films, prints, discs, MVARS, body cam footage, any other documents.</p>

Question 8

<p>PRA applies to which records?</p>

Answer 8

<p>All records in the Dept's possession however obtained or created</p>

Question 9

<p>True or False - ORM has strictly interpreted the release of any document to only those documents created or proprietarily owned by the Deparment</p>

Answer 9

<p>True</p>

Question 10

<p>SB 1421 - The public has a right to know all about what?</p>

Answer 10

<p>Serious police misconduct, as well as about officer involved shootings, and other serious uses of force</p>

Question 11

<p>SB 1421 - Personnel records of police officers maintained per 832.5 or information obtained from these records are confidential and</p>

Answer 11

<p>Shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to the Evidence code.</p>

Question 12

<p>SB 1421 - Personnel records of police officers maintained per 832.5 or information obtained from these records are confidential does not apply when</p>

Answer 12

<p>to investigations or proceedings concerning the conduct of peace officers conducted by a grand jury, a DA's office, or Attorney generals office.</p>

Question 13

SB 1421 <p>1. The following records shall not be confidential - incidents involving:</p>

Answer 13

<p>1. the discharge of a firearm at a person
<br></br>2. which the use of force by a peace officer resulted in death or GBI
<br></br>3. a sustained finding by any LE agency involving an officer engaged in sexual assault with a member of the public</p>

Question 14

SB 1421 <p>2. The following records shall not be confidential - incidents involving:</p>

Answer 14

<p>4. a sustained finding of dishonesty relating to the reporting, investigation, or prosecution of a crime; or a sustained finding of perjury, false statements, filing false report, destruction, falsifying, or concealing evidence.</p>

Question 15

SB 1421 <p>The following records shall not be confidential</p>

Answer 15

<p>All investigative reports, photos, audio, and video evidence; transcripts or recordings of interviews; autopsy reports; all materials compiled and presented in a case where an officer is charged with an incident or whether the officer's actions was consistent with law or policy for the purpose of discipline</p>

Question 16

SB 1421 <p>The following records shall not be confidential</p>

Answer 16

<p>Documents of findings, copies of disciplinary records related to the incident, including letters of intent to impose discipline, modification of discipline letters, and final disposition letters</p>

Question 17

SB 1421 <p>True or false - A record from a separate and prior investigation or assessment of a
<br></br>separate incident shall not be released unless it is independently subject to
<br></br>disclosure pursuant to this subdivision.</p>

Answer 17

<p>True</p>

Question 18

SB 1421 true or false - investigation or incident involving multiple officers, about misconduct shall not be released unless it relates to a sustained finding against an officer.

Answer 18

true

Question 19

SB 1421 True or false - factual information about that action of an office
during an incident, or the statements of an officer about an incident, shall
be released if they are relevant to a sustained finding against another office

Answer 19

true

Question 20

SB 1421 shall remove

Answer 20

personal data or information, such as home address, telephone number, identities of family members, other than the names and work-related information of officers

Question 21

SB 1421 shall preserve

Answer 21

the anonymity of complainants and witnesses

Question 22

SB 1421 protect

Answer 22

confidential medical, financial, or other information of which disclosure is specifically prohibited by federal law or would cause
an unwarranted invasion of personal privacy that clearly outweighs the
strong public interest in records about misconduct and serious use of force
by peace officers and custodial officers

Question 23

SB 1421 protect

Answer 23

when there is specific, articulable, reason that disclosure of record would pose a significant danger to physical safety of the peace officer or others

Question 24

SB 1421 may withhold - notwithstanding

Answer 24

an agency may redact a record disclosed pursuant to this section, including personal identifying information, where, on the facts of the particular case, the public interest served by not disclosing the information clearly outweighs the public interest served by
disclosure of the information

Question 25

SB 1421 may withhold a record of an incident

Answer 25

that is the subject of an active criminal or administrative investigation, in accordance specific timeframes