How to Request Public Records
Many people don’t realize that you have a statutory right to inspect the majority of California's public records using the state's California Public Records Act (CPRA). The text of the CPRA is found in the California Government Code, sections 6250 & 6253, which states that any individual, corporation, partnership, firm or association, whether in or out of California, can inspect public records.
Public records are known as the peoples business. You’re not required to explain why you are making the request. There is an exception, if you request the disclosure of the address of any individual who has been arrested, or the current address of the victim of a crime, you must state whether the request is made for a journalistic, scholarly, political or governmental purpose, and declare that the information will not be used to sell a product or service. Also an agency may refuse to provide a record if, "the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record." [Cal. Gov't Code § 6255]. There are other exemptions that can be found in Cal. Gov’t Code § 6254.
You can inspect all "public records" of the government bodies subject to the CPRA. The term "public records" is broadly defined to include information relating to the conduct of the public's business that is prepared, owned, used, or retained by any state or local agency regardless of what medium it is stored in. Keep in mind that public records will not extend to personal information of public officers deemed unrelated to the conduct of public business.
Making A Public Record Request
You are not required to make a written request to receive the public documents you want to inspect. If you have a common request, you can start by making an informal request for the records in person or over the telephone to the agency you’re seeking records from prior to invoking the law. If the agency you speak with cannot grant your request, it should be able to provide you with the necessary steps for making a formal request.
Although you are not required to do so, sending your request out in writing may help you to obtain the records you want faster. Your written request should be addressed to the public records/information officer of the agency, and should include:
Your name, address, email address and telephone number (you can make an anonymous request). (Example: Use your favorite letter head with your return/contact information.)
Advise the agency/department you are seeking records from that you are making a Public Records Act request. (Example: Pursuant to the California Public Records Act (Government Code Section 6250 et seq.), I ask to obtain the following information, which I understand to be held by your agency/department.)
As clear of a description of the record(s) that you are seeking, if you’re uncertain of how to correctly describe the record(s) you wish to obtain, a description of your purpose in seeking records and a request that the agency assist you to identify the record(s) you seek. (Example: I am seeking the vehicle mileage log records for vehicles assigned to your department.)
Date limits for any search (if any), be as specific as possible to help expedite your request. (Example: The dates of the records I am seeking are January 1, 2006 through December 31, 2006)
With hard to find records try to provide as many search clues you can. (Example: I am seeking information on the usage and efficiency of vehicles assigned to your department. If I can provide any clarification that will help expedite your attention to my request, please contact me at the above phone number.)
Always include a statement that if portions of the records are exempted, the non-exempt portions of the record(s) still be provided to you. (Example: If you determine that some but not all of the information is exempt from disclosure and that you intend to withhold it, I ask that you redact it for the time being and make the rest available as requested. If you determine that any or all of the information qualifies for an exemption from disclosure, I ask you to note whether, as is normally the case under the Act, the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information. In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any or all of the information is exempt and will not be disclosed. )
Include limitations on costs. A good rule of thumb is requesting to be notified if the cost of your request will exceed a certain dollar amount. (i.e. $15.00) (Example: I ask that you notify me of any duplication costs exceeding $15.00 before you duplicate the records so that I may decide which records I want copied.)?
You can request either to view your record(s) or to have copies made. Viewing records at the agency's office may be quicker, this will give you the opportunity to narrow the list of documents you want copied, therefore reduces your copying expenses.
Government Bodies Covered By CPRA
You can inspect and or copy the public records of California state offices, officers (including emails), departments, divisions, bureaus, boards and commissions, you can also inspect and or copy the public records of local agencies, including counties, cities, schools districts, municipal corporations, and nonprofit entities that are legislative bodies of a local agency.
Government Bodies Not Covered By CPRA
You will not be able to access records from the California state legislature or its committees, or the state courts under the CPRA. Keep in mind, an agency may refuse to provide a record if, in a particular case, "the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record." [Cal. Gov't Code § 6255].
Exemptions to the CPRA (Partial list)
*The department/agency is able (however not required) to refuse disclosure if one or more of the following exemptions applies. The CPRA spells out a long list of specific exemptions [Cal. Gov’t Code Section 6254] including;
*Pre-decisional, communications which are not retained by the public agency in the ordinary course of business need not be disclosed if the public interest withholding those records clearly outweighs the public interest in disclosure.
*An internal agency document assessing agency vulnerability to terrorist attack is exempt. An internal agency document assessing agency vulnerability to terrorist attack is exempt.
*Records are exempt under CPRA if disclosure is exempted or prohibited pursuant to federal or state law.
*Agencies/departments are exempted from disclosing records concerning employee relations.
*The records of complaints, investigations, intelligence records, security procedures and other documents of law enforcement agencies considered exempted from disclosure.
*Test questions, scoring keys and other material used to administer licensing and other examinations are exempt from disclosure. *Real estate appraisals or engineering or feasibility estimates and evaluations used for the acquisition of property. *Library records identifying the borrower of items are exempt from disclosure.
*Personnel, medical, wage, financial, job applications and similar matters are exempted from disclosure. *Litigation as it applies to documents to pending legal matters of which the public agency is a party, including attorney work product and documents produced by the agency in anticipation of litigation.
Honoring Your Request
Agencies are required to provide you with prompt access to the records you request. Upon making your request to inspect records, you should recieve immediate access to those records during the hours set by the agency for inspection of records. If you request copies, the agency must decide within ten days whether copies will be provided, except in unusual circumstances, the agency may grant itself an extension of fourteen days. "Unusual circumstances" means an agency needs to:
*Search for and collect the requested records from outside the office processing the request.
*Search for and sort a voluminous amount of records in order to fulfill your request.
*Seek advice from another agency with an interest in the determination of the request.
*Compile data, write programming language or create a computer program.
Allowable Fee’s
A government agency can only charge you the "direct cost" of duplicating records unless it is authorized by statute to charge a reasonable flat fee. In the case of documents, "direct cost" means the cost of photocopying (approximately 10 to 25 cents per page). In the case electronic data, "direct cost" can mean the cost of producing a copy of the record in electronic format (the cost of the disk, as well as the cost of constructing the record, programming and computer services if this is required).
The statutory fee may be higher than the direct cost of duplicating, but cannot exceed what is reasonably necessary to provide the copy. In either case, staff time spent searching for and reviewing records cannot be recovered. The CPRA has no fee waiver, agencies have the discretion to waive or reduce fees. Any waiver of fees is at the sole discretion on the agency/department you’re dealing with. A public agency may charge a fee for a copy of a public record in an amount that is either (1) based upon and limited to the "direct costs of duplication" or (2) authorized and determined under some other statute. North County Parents Organization v. Department of Education.
How to Handle A Denial of Your Request
There are several options Available to you if your request be denied. First, try to work with the person you are dealing with. If the agency is relying on an exemption, request that they waive the exemption because exemptions are permissive, not mandatory. If that fails, ask the person to release the nonexempt portions of the record with the exempt portions removed or redacted.
If you get frustrated by your conversations with your first point of contact person, ask to speak to a supervisor within the agency and explain your position. Request to see whether the agency has a process in place to appeal the denial. Some agencies have created a formal process for appeal and some agencies have not adopted an appeal process.
If an administrative appeal is not available, or if your request is denied after an administrative review, now you are entitled to seek court review of the denial. [Cal. Gov’t Code §§5258-5260].
They’re Your Records Demand Access
The records held and maintained by a governmental agency/department are your business. You should have equal and unobstructed access. It’s the peoples business, that’s why the California Public Records Act exists. Access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state. The CPRA does not differentiate among those who seek access to public information. If a record is public, as defined by or construed under the CPRA, all persons have the same right of access.