Taught by experienced public agency attorneys, this one-day seminar will walk attendees through California and Federal public records laws, discuss recent amendments and court decisions, and examine the impact of the public records law on government and the public. Attendees will gain a better understanding of the purpose, successes and criticisms of the public records law, and get a feel for where the law is headed in the future.
- Provides a comprehensive overview of both the California and Federal public records acts
- Gives practical information to assist California public agencies in managing public records and responding to public records requests
- Provides tips for requesting parties to ensure public agencies provide timely and complete responses to public records requests
- Provides tips for public agencies dealing with vague, overbroad, or abusive public records requests
- Discusses legal remedies to enforce California and Federal public records acts
- The attendee will be able to discuss legal procedures and remedies.
- The attendee will be able to identify what government records can be requested under the FOIA.
- The attendee will be able to review the Homeland Security Act, Patriot Act and other post-9/11 restrictions on access to government information.
9:00 a.m. - 12:00 p.m. (Break 10:30 a.m. - 10:45 a.m.)
I. Course Overview
II. California's Law On Public Records
A. Overview Of The California Public Records Act
B. Agencies Covered By The Public Records Act
C. Records Subject To Inspection
D. The Right To Inspect Records
E. Request For Copies And Data
F. The Public Agency's Response
G. Electronic Format Information
H. Exceptions/Exemptions From Disclosure
I. Legal Procedures And Remedies
J. Records Retention
K. Update On Recent Case Law And Legislation
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 3:00 p.m.
III. Freedom Of Information Act
B. What Government Records Can Be Requested Under The FOIA?
C. Who Can Make A Request?
D. Making A FOIA Request
E. Fees And Fee Waivers
F. How Quickly Will An Agency Respond?
G. On What Grounds Can An Agency Deny A FOIA Request?
1. Exemption 1: Classified Documents
2. Exemption 2: Internal Agency Rules
3. Exemption 3: Information Exempted Under Other Statutes
4. Exemption 4: Confidential Business Information
5. Exemption 5: Internal Government Communications
6. Exemption 6: Personal Privacy
7. Exemption 7: Law Enforcement
8. Exemption 8: Financial Institutions
9. Exemption 9: Geological Information
I. Administrative Appeal Procedure
J. Judicial Appeals
3:00 p.m. - 3:15 p.m.
3:15 p.m. - 4:00 p.m.
IV. Other Federal Laws Restricting/Providing Access To Government Information
A. Privacy Act
B. Family Educational Rights And Privacy Act (FERPA)
C. Health Insurance Portability And Accountability Act (HIPAA)
D. Homeland Security Act, Patriot Act And Other Post-9/11 Restrictions On Access To Government Information
4:00 p.m. - 4:30 p.m.
V. Questions, Wrap-Up, Evaluations