Can the Department file an action for declaratory relief to ask the court to determine whether the records must be disclosed?

No. Pursuant to a California Supreme Court decision, the Department cannot file a declaratory relief action to ask the court to determine whether the Department must disclose the records. (Filarsky v. Superior Court (City of Manhattan Beach) (2002) 28 Cal.4th 419, 121 Cal.Rptr.2d 844; 49 P.3d 194)

The exclusive means for litigating the issue under the CPRA is for the requester to file a court action requesting for injunctive or declaratory relief or writ of mandate to enforce his or her right to inspect or receive a copy of any public record.

Show All Answers

1. What is the "California Public Records Act? (Gov Code 6252 et seq)
2. What is a Public Record?
3. Who can make a Public Records Act Request?
4. Can a public records request be made anonymously?
5. Do I have to specify my reason for making a Public Records Act request?
6. Who at the Riverside County Sheriff’s Department is Responsible for Responding to CPRA Requests?
7. Are all public records subject to public disclosure?
8. Does a request for records have to be in writing?
9. When are records to be made available for inspection?
10. If a person wants to inspect or obtain a copy of a public record, but fails to describe a reasonably identifiable record, is CPRA staff required to assist the individual?
11. What is the time frame for responding to a request for public records?
12. Can the time period to respond be extended?
13. What constitutes "unusual circumstances" for extending the time to respond?
14. ls the Department required to notify the requesting party in writing of the 14-day extension?
15. What if the requested records contain both exempt and nonexempt materials?
16. Can a requester have the records disclosed in electronic format?
17. ls the Department required to provide a copy of the electronic record in the format requested?
18. Can the Department charge a fee for copies of the records being requested?
19. Can the Department charge for services in providing copies of records?
20. What if the Department says that it has no records responsive to my request?
21. How long must the Department maintain records?
22. Where can I find the records retention policy?
23. On what grounds may a request for public records be denied?
24. Does the CPRA contain a list of state laws that expressly exempts information contained in a record from disclosure?
25. ls the Department required to respond to a request for public record in writing?
26. ls the Department required to state reasons for denying a request for records?
27. Can the Department deny a request based on the purpose of the request?
28. Can the Department file an action for declaratory relief to ask the court to determine whether the records must be disclosed?
29. What if the Department unjustifiably denies a request for a record?
30. ls a written communication within the Department in reference to pending or current litigation subject to disclosure?
31. Are sections from the Riverside County Sheriff’s Department Standards Manual (“DSM”) exempt from disclosure?
32. Is a police report subject to disclosure?
33. Is a report of an ongoing investigation subject to disclosure?
34. Is a report regarding juvenile subject to disclosure?
35. Will the Department redact any information before it is disclosed?
36. Is police body worn camera footage subject to disclosure?
37. Is a traffic accident report subject to disclosure?
38. Can information regarding people who hold concealed weapons permits be disclosed?
39. Is information in a peace officer's personnel file subject to disclosure?
40. ls a request for premises history information disclosable (i.e., information regarding criminal activity at an address or addresses)?
41. ls an individual's criminal history disclosable?
42. Are materials used in training police officers subject to disclosure?
43. ls the Arrest Log Information of people who have been arrested by the Department subject to disclosure?
44. Are Department employees entitled to their personnel files with a request under the CPRA?
45. Are Department employees entitled to inspect records relating to possible criminal investigation or letters of reference?
46. Is the salary information of Department employees subject to disclosure?
47. Are administrative investigations considered public records that are subject to inspection under the CPRA?