CALIFORNIA PUBLIC RECORDS ACT
TheĀ California Public Records Act (CPRA)Ā is a cornerstone of open government, granting the public the right to access and inspect records maintained by state and local government agencies. Enacted in 1968 and recodified in 2023 (Government Code sections 7920.000 et seq.), the law is founded on the principle that access to information concerning the conduct of public business is a “fundamental and necessary right of every person in this state”.
Legal counsel can be helpful in making a public records request and filing a lawsuit, typically a petition for writ of mandate, if the request is improperly denied.
Purpose and Scope
The primary purpose of the California Public Records Act is to ensure government accountability and transparency by promoting maximum disclosure of government operations. It reinforces government ethics and applies to virtually all state and local agencies, boards, and commissions in California but generally excludes the California Legislature and state courts.
A “public record” is broadly defined as any writing containing information relating to the conduct of the public’s business prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics. This includes a wide range of materials, from traditional paper documents and correspondence to emails, text messages, electronic files, maps, and photographs.
It is important to note that the California Public Records Act does not require an agency to create a new record or answer questions; it only mandates the disclosure of existing identifiable, non-exempt records.
Who Can Request Records?
Any person, including individuals, corporations, and associations, can request public records. Requesters do not need to be California residents, nor do they need to provide a reason for their request.
The Request Process
Requests can generally be made in writing (electronically or by mail), verbally, or in person. While many agencies provide online portals or forms, a formal template is not required. To ensure an effective request, you should:
- Clearly and specifically describe the records you are seeking.
- Provide a relevant time period or date range.
- Include your contact information so the agency can respond.
If a request is not sufficiently clear, the agency has a duty to assist the requester in formulating a focused and effective request.
Agency Response and Timing
Upon receiving a request, an agency must determine within 10 calendar days whether it has the requested records and whether they are disclosable. The agency must promptly inform the requester of its decision in writing and the reasons for any denial.
In “unusual circumstances” (e.g., voluminous records, records at a different location), the agency may extend this 10-day period by up to 14 additional calendar days, provided it notifies the requester in writing of the extension and the expected date of determination.
Exemptions from Disclosure
While the California Public Records Act favors disclosure, certain records are exempt to protect privacy, public safety, and governmental functions. Common exemptions include:
Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.
Preliminary drafts, notes, or memoranda that are not used or retained in the normal course of business.
Records pertaining to ongoing or pending litigation.
Confidential information, such as trade secrets or certain taxpayer details.
Law enforcement investigative records, though some records related to serious use-of-force incidents or police dishonesty are now public record.
Attorney-client privileged communications.
If a record contains both exempt and non-exempt information, the agency must redact the confidential portions and provide any reasonably segregable, non-exempt portions.
Costs and Legal Recourse
Agencies may charge fees for the direct cost of duplication, such as copying and mailing.
If a request is improperly denied, the requester may seek a court order to enforce their right to access the records. If the requester wins the lawsuit, they may be awarded court costs and attorney fees.
Contact us by phone or email to learn more about how we can help.