This post focuses on the state law regarding citizen’s access to public records. If you would like to request documents from the CCSD, you will find the required form linked here, or visit the CCSD’s web site.
Legislation enacting the California Public Records Act (hereinafter, “CPRA”‘) was signed in
1968, culminating a 15-year-long effort to create a general records law for California.
Previously, one was required to look at the law governing the specific type of record in
question in order to determine its disclosability. When the CPRA was enacted, an attempt
was made to remove a number of these specific laws from the books. However, preexisting
privileges such as the attorney-client privilege have been incorporated by reference into the
provisions of the CPRA.
The fundamental precept of the CPRA is that governmental records shall be disclosed to the
public, upon request, unless there is a specific reason not to do so. Most of the reasons for
withholding disclosure of a record are set forth in specific exemptions contained in the CPRA.
However, some confidentiality provisions are incorporated by reference to other laws. Also,
the CPRA provides for a general balancing test by which an agency may withhold records
from disclosure, if it can establish that the public interest in nondisclosure clearly outweighs
the public interest in disclosure.
There are two recurring interests that justify most of the exemptions from disclosure. First,
several CPRA exemptions are based on a recognition of the individual’s right to privacy (e.g.,
privacy in certain personnel, medical or similar records). Second, a number of disclosure
exemptions are based on the government’s need to perform its assigned functions in a
reasonably efficient manner (e.g., maintaining confidentiality of investigative records, official
information, records related to pending litigation, and preliminary notes or memoranda).
If a record contains exempt information, the agency generally must segregate or redact the
exempt information and disclose the remainder of the record. If an agency improperly
withholds records, a member of the public may enforce, in court, h s or her right to inspect
or copy the records and receive payment for court costs and attorney’s fees.
Complete Document of 2004 summary of the CPRA
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Practical Tips on Getting the Documents you Request
Over the past two years I have requested numerous documents from the CCSD. The Public Records request form (linked here) is on the CCSD website under publications. You will have more luck getting the documents you request by filling out the form and write “see attached’. Then on a different page write with as much specificity as possible, describing with dates if known the documents you request. Put a dollar amount of the limit you will pay for copying. The CCSD charges 20 cents per page. I usually use $100.00.
Be sure and get your request form stamped received when you drop it off. This is your proof that you actually requested the documents. I always pay extra to have all pages of my request stamped.
I have had requests filled completely in a timely manner other times I have had requests ignored as if never received. I have asked to view documents that should be in the CCSD office and given the run around such as “they are in bob’s office and he is gone”.
It takes perseverance and often you may have to rewrite your request to get the documents your after.
Another way is to request the same documents from the County when what you’re after is related to County business. It takes more time because you have to drive to the county to look over the records before asking for copies. The county will accept your request by e-mail. The contact person I have used is Ellie Porter in the Planning Department.
I always request all communications including e-mails, faxes, telephone logs, letters, memos etc.
The compliance is hit and miss. I have asked the County to go back and look again when I’m sure a document exists.