FAQs
Can My Request For A Public Record Be Seen By Others?
The City is subject to California laws relating to public records. Information contained in a PRA request, including the requester's information, is considered a public record and may be subject to public inspection pursuant to California Government Code Section 7920.530. All forms of communication, including emails, phone records, and written records, sent or received by City employees or elected City officials are subject to these laws.
What Is The California Public Records Act (PRA)?
The PRA is a state law found in California Government Code Section 7920.000 et seq. concerning the disclosure of public records. The PRA is based upon the principle that access to information concerning the public's business is a fundamental and necessary right. Under the PRA, records maintained by the City are subject to inspection by the public upon request unless specifically exempted from disclosure under the law.
What Is A Public Record?
A public record may be any document or record, written or electronic, that is used, retained, or maintained by the City during the usual course of business. Upon request, the City must disclose public records unless a specific exemption from disclosure applies.
What Is The City’s Public Records Request Process?
Per California Government Code Section 7922.535(a), the City will respond within 10 calendar days from receipt of a public records request as to whether disclosable public records exist. In some cases, a 14-day extension to respond may be necessary. If the City determines non-exempt, disclosable public records exist, they will be made available within a reasonable timeframe and following the required payment, if applicable, for copies of such records.
How Long Does It Take To Process A Request For Records?
Response times vary from case to case. The length of time it takes to process a request depends on the types and volume of documents being requested, the scope of the request, and our current workload. Depending on the type and volume of records requested, documents may be made available in as little as 48 hours or as long as several months.
The City will make every effort to provide responsive records in a reasonable time. Pursuant to state law, you will be notified within 10 calendar days from the date of receipt of your request:
- Whether the City has records responsive to your request and the page count and required payment, if applicable, to produce copies of such records, and/or
- Whether the City has records responsive to your request, but which are exempt from disclosure and the reasons for exemption, and/or
- Whether the City requires an extension of time to determine whether it has records responsive to your request.
Does The City Have To Give Me My Records Within 10 Days?
The PRA states that records must be provided "promptly" within a reasonable expectation of time with consideration of the circumstances of the request (Ca. Gov. Code Section 7922.530(a)). The "10-day" and "14-day extension" language in the PRA is commonly misperceived as the time frame within which records must be produced. However, that is not the case. The PRA specifically states the agency must respond within 10 calendar days (or 24 calendar days if extended by 14 days) to notify the requester of whether records exist and will be disclosed (Ca. Gov. Code Section 7922.535).
How Detailed Should My PRA Request Be?
While the PRA provides members of the public with access to public records, it is not unlimited in its scope. California courts have acknowledged that members of the public may request documents from municipalities pursuant to the PRA even if they are unable to precisely identify the documents sought, but the request must still reasonably describe the information contained in the records sought such that the municipality can locate the records with “reasonable effort” [Cal. First Amend. Coalition v. Superior Court (1998) 67 Cal. App. 4th 159].
The request must be focused and specific [Rogers v. Superior Court (1993) 19 Cal. App. 4th 469] and also clear enough so that the agency can decipher what records are being sought. Moreover, the City is not required by law to create a record or list using data drawn from existing records.