PRA History Flashcards
<p>Government Code Section 6250</p>
<p>California Public Records Act (CPRA)</p>
<p>What is the CPRA based on</p>
<p>Freedom of Information Act</p>
<p>What is the central purpose of both the CPRA and Freedom of Information Act?</p>
<p>To disclose official information which sheds light upon a government agencies' performance of its duties</p>
<p>Regarding PRA - what is the fundamental right of every person in CA?</p>
<p>To have access to information concerning the people's business</p>
<p>What is a public record?</p>
<p>Any writing containing info relating to the conduct of the public's business</p>
<p>Per GC 6252, what are examples of departmental public records?</p>
<p>Writings that are prepared, used, owned, and or retained</p>
<p>What are specific examples of writings (though not all inclusive)</p>
<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>
<p>PRA applies to which records?</p>
<p>All records in the Dept's possession however obtained or created</p>
<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>
<p>True</p>
<p>SB 1421 - The public has a right to know all about what?</p>
<p>Serious police misconduct, as well as about officer involved shootings, and other serious uses of force</p>
<p>SB 1421 - Personnel records of police officers maintained per 832.5 or information obtained from these records are confidential and</p>
<p>Shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to the Evidence code.</p>
<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>
<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>
SB 1421 <p>1. The following records shall not be confidential - incidents involving:</p>
<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>
SB 1421 <p>2. The following records shall not be confidential - incidents involving:</p>
<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>
SB 1421 <p>The following records shall not be confidential</p>
<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>
SB 1421 <p>The following records shall not be confidential</p>
<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>
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>
<p>True</p>
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.
true
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
true
SB 1421 shall remove
personal data or information, such as home address, telephone number, identities of family members, other than the names and work-related information of officers
SB 1421 shall preserve
the anonymity of complainants and witnesses
SB 1421 protect
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
SB 1421 protect
when there is specific, articulable, reason that disclosure of record would pose a significant danger to physical safety of the peace officer or others
SB 1421 may withhold - notwithstanding
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
