California Public Records Act

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Overview

The California Public Records Act ("CPRA") is a constitutional right for all Californians. The CPRA Recodification Act of 2021 relocated the CPRA to Division 10 of the California Government Code. The CPRA provides two types of access to records: a right to inspect public records and a right to obtain copies of public records.

However, the public's right of access to records is not unlimited. There are laws that prohibited releasing certain personal information (e.g., Social Security Numbers and medical records) and all Californians have a right to privacy under our State Constitution. Additionally, the CPRA provides exemptions for some categories of information. Unless a law specifically prohibits the release of information, these CPRA exemptions are discretionary--any agency can still release the records, if it so chooses.

The CPRA only applies to writings, which are defined as "any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored." In essence, this means any physical thing, including digital records. Notably excluded from this definition is "information." A request for information (for example, "how did you come to that conclusion") is not a request for records. Agencies are not required to create records to respond to request, including requests for information, although nothing prohibits them from doing so.

Requesting Records

There are no magic words that need to be used to request records under the CPRA. A clear, concise statement of the records being sought is recommended, and preferably in writing. If there is any ambiguity or uncertainty in the request, an agency is required to assist the member of the public in making a focused and effective request.

Time to Respond

An agency has 10 days from the receipt of the request to determine whether disclosable records exist. In unusual circumstances, the agency can extend the time to make the determination of whether disclosable records exist by up to 14 days.

Response to Request

If an agency determines that the request seeks disclosable public records, the agency must state the estimated date and time when the records will be made available. If any portion of the request is denied, in whole or in part, the denial must be in writing and must justify the reasons for withholding the records. The denial must also state the name and title of the person responsible for the denial. While the CPRA does not specify any particular time to produce records, it does say the records must be produced promptly.

Enforcement

If an agency unlawfully refuses to provide a record, the requester can file a verified petition to the superior court of the county where the records are situated. The court will then examine the record in camera, meaning only the judge will review the record, to determine if the public official's decision to refuse to disclose the record was justified.

If any record was improperly withheld, the court will order the public official to make the record public. Additionally, the prevailing requester is entitled to court costs and reasonable attorney fees.

If instead the court finds the record was properly withheld, the record will be returned to the public official without disclosing its contents. The court will only award court costs and reasonable attorney fees to the public agency if the requester's case was clearly frivolous.

Assistance

If you find yourself needing access to records and the agency is not providing them, you need an attorney with a strong understanding of public record laws. Contact me today to discuss the options available to you, as well as how to move forward. I do not charge clients for my time to litigate Public Records Act cases. I take these cases on contingency, which means I only get paid if you prevail and the other side (the local agency) will be on the hook for my fees.