Transcript California Public Records Act PowerPoint

CALIFORNIA PUBLIC RECORDS ACT
Presented by Maribel S. Medina
January 16, 2014
CALIFORNIA PUBLIC RECORDS ACT
(Gov. Code § 6250 et seq.)
The Public Records Act makes all non-exempt, state and
local government agency records (including reasonably
segregable, non-exempt portions of otherwise exempt
records) in any form or medium subject to public
inspection during office hours or copying upon
payment of duplication costs
Title of Presentation
Entities Subject to the CPRA
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State Agencies
Local Agencies
Some private entities
Exclusions
What is a “Public Record”?
(Gov. Code § 6252(e))
• Any writing,
• Containing information relating to the
public’s business,
• Prepared, used, retained in the course of
business,
• …regardless of physical form or
characteristics.
What is a Public Record? (cont’d)
“…any writing…”
Can be in print or electronic form:
Includes 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. (Gov. Code § 6252(f).)
What is a Public Record? (cont’d)
“…information relating to the conduct of the
public's business…”
The mere custody of a writing by a public agency
does not make it a “public record” under the Act.
But if a record is kept by an officer because it is
necessary or convenient to the discharge of official
duties, it is a “public record.”
What is a Public Record? (cont’d)
“…prepared, owned, used, or retained by any
state or local agency…”
The Act does not apply to records that do
not exist, or are not in the public agency’s
possession.
No duty to create records in response to a
request.
Public Records
Exempt from Disclosure
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Preliminary drafts, draft notes or draft interagency and
intra-agency memoranda
Pending litigation
Personnel, medical & insurance records that would
constitute an unwarranted invasion of privacy
Closed session minutes and legal memoranda and other
materials distributed in a closed session
Records protected by the attorney-client privilege
Records of investigations by law enforcement
Public Records
Exemptions (cont’d)
• Trade Secrets
• Utility Records
• Catch-all (“public interest served by not disclosing
clearly outweighs public interested served by
disclosure”)
• ….and more*
* There are about 29 categories of exempt records. If you print it
out, the Public Records Act is maybe 26 pages long, and 23 of the
pages are exemptions.
Assisting the Requestor
• Public Agencies have a duty to assist records requesters
to identify records and information that are responsive
to the request or to the purpose of the request, if stated
• Assist the requester describe the information
technology and physical location in which the records
exist
• Provide suggestions for overcoming any practical basis
for denying access to the records or information sought
Timing
• Agencies have 10 days to initially respond
(Gov. Code § 6253(c))
• In some cases up to 24 days to respond in
writing to requests; actual records must be
provided
Litigation
• Any person can bring a lawsuit to enforce
the right to inspect or receive public
records.
• A prevailing party will recover its court costs
and reasonable attorneys’ fees.
• Improper disclosure of records involving
privacy rights may create liability.
• Criminal penalties apply to disclosure of
some exempt records.
Thank You