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He recently investigated San Diego’s CPRA practices and policies and made recommendations for improvement. The City of San Diego, it turns out, has a very similar problem, which I only found out about because they have an officer called the City Auditor. The City doesn’t even have a CPRA compliance policy, but if it did and if it followed it, none of this money would be wasted. Or to pay the salaries of the Deputy City Attorneys who had to handle these cases after they were filed. All of which is wasted since had the City just followed the law in the first place they wouldn’t have had to pay any of it.
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So not only does the City’s continual, habitual flouting of the CPRA deprive citizens of our constitutionally guaranteed right to access public records promptly, 2 but it also costs the City an immense amount of money.
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Many could have been avoided if someone had just explained to a few City staffers what their obligations under the law actually were. Most of these cases could have been avoided if the City had just released records that they ended up releasing anyway as a result of the suit. Probably some of these cases involve legitimate controversies over the City’s decision to withhold records from release, but as you know if you follow this blog, most of them are due to very little more than the incompetence, indifference, or intransigence of City departments.
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Here’s a list of all of these cases, both as a PDF and in the original XLSX. In fact, since 2016 they’ve paid off in 26 cases to the total tune of more than $1.7 million. And they pay a lot of money to requesters’ attorneys. And they usually settle quickly but when they don’t they lose. If the requester prevails 1 the law requires the judge to award litigation costs and lawyers’ fees to the requester.Īnd, it turns out, the City of Los Angeles not only has a hard time complying with the CPRA but they get sued a lot over it. And as you may also know, the only remedy for noncompliance provided by the Legislature is to file a lawsuit against the violators. As you may well know, the City of Los Angeles has a really, really hard time complying with its obligations under the California Public Records Act.