Have you ever wondered what the itemized statements of total expenditures and disbursement of your county court look like? Were you ever curious about the salaries of any of your government employees such as Health and Human Services workers or Department of Child Support Services employees? All of this information, an much much more, is easily obtainable simply by asking.
The Public Records Act is designed to give the public access to information in possession of public agencies: "public records are open to inspection at all times during the office hours of the…agency and every person has a right to inspect any public record, except as . . . provided, [and to receive] an exact copy” of an identifiable record unless impracticable. (§6253). Specific exceptions to disclosure are listed in sections 6253.2, 6253.5, 6253.6, 6254, 6254.1-6254.22, 6255, 6267, 6268, 6276.02-6276.48; to ensure maximum access, they are read narrowly. The agency always bears the burden of justifying nondisclosure, and "any reasonably segregable portion . . . shall be available for inspection…after deletion of the portions which are exempt." (§ 6253(a))
WHO’S COVERED
All state and local agencies, including: (1) any officer, bureau, or department.; (2) any "board, commission or agency" created by the agency (including advisory boards); and (3) nonprofit entities that are legislative bodies of a local agency. (§ 6252(a),(b)). Many state and regional agencies are required to
have written public record policies. A list appears in § 6253.4.
WHO’S NOT COVERED
Courts (except itemized statements of total expenditures and disbursement).(§§ 6252(a), 6261) The Legislature. (§ 6252) See Legislative Open Records Act, Govt. Code §§ 9070-9080. Private non-profit corporations and entities. Federal agencies. See Federal Freedom Of Information Act, 5 U.S.C. § 552.
WHAT’S COVERED
· "Records" include all communications related to public business "regardless of physical form or characteristics, including any writing, picture, sound, or symbol, whether paper,…, magnetic or other media." (§ 6252(e)) Electronic records are included, but software may be exempt. (§§ 6253.9(a),(g), 6254.9 (a),(d))
WHAT MUST HAPPEN
Access is immediate and allowed at all times during business hours. (§ 6253(a)) Staff need not disrupt operations to allow immediate access, but a decision whether to grant access must be prompt. An agency may not adopt rules that limit the hours records are open for viewing and inspection. (§§ 6253(d); 6253.4(b)) · The agency must provide assistance by helping to identify records and information relevant to
the request and suggesting ways to overcome any practical basis for denying access. (§ 6253.1) An agency has 10 days to decide if copies will be provided. In "unusual" cases (request is "voluminous," seeks records held off-site, OR requires consultation with other agencies), the agency may, upon written notice to the requesters, give itself an additional 14 days to respond. (§ 6253(c)) These time periods may not be used solely to delay access to the records. (§ 6253(d)) The agency may never make records available only in electronic form. (§ 6253.9(e)) Access is always free. Fees for “inspection” or “processing” are prohibited. (§ 6253) Copy costs are limited to "statutory fees" set by the Legislature (not by local ordinance) or the "direct cost of duplication”, usually 10 to 25 cents per page. Charges for search, review or deletion are not allowed. (§ 6253(b); North County Parents v. D.O.E., 23 Cal.App.4th 144 (1994)) If a request for electronic records either (1) is for a record normally issued only periodically, or (2) requires data compilation, extraction, or programming, copying costs may include the cost of the programming. (§ 6253.9(a),(b)) The agency must justify the withholding of any record by demonstrating that the record is exempt or that the public interest in confidentiality outweighs the public interest in disclosure. (§6255)
Plan your request; know what exemptions may apply.· Ask informally before invoking the law. If necessary, use this guide to state your rights under the Act.· Don't ask the agency to create a record or list.· A written request is not required, but may help if your request is complex, or you anticipate trouble.· Put date limits on any search.· If the agency claims the records don't exist, ask what files were searched; offer any search clues you can.· Limit pre-authorized costs (or ask for a cost waiver), and pay only copying charges.· Demand a written response within 10 days.
Email me directly if you have further questions or seek additional guidance.
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