Title
City Council Update on California Public Records Act Requests
Staffreport
SUMMARY
The California Public Record Act ("CPRA") is State law. The City has an excellent record of responding to requests for public information in a timely manner. Recently, the quantity, complexity, and scope of CPRA requests submitted to the City has increased substantially (86% since 2017). While there is no single reason as to why an increase has occurred, there are some distinct variables that outline the cause. Some of the reasons are due to changes in law, increase in civic engagement, and an increase in the use of technology.
BACKGROUND
The CPRA (Government Code Section 6250 et seq.) is California's version of the federal Freedom of Information Act (FOIA). The CPRA requires the City to make public records available for inspection or duplication upon request. A public record includes "any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained" by the City.1 Virtually every accessible document to which a public employee and city official have access, is a public record. However, certain public records are exempt from disclosure under the CPRA.2 The majority of the exemptions are to protect the privacy of individuals and confidential materials.
When the City receives a request for records, the CPRA requires the City respond to the requester within ten calendar days.3 The City is not required to produce the responsive records within ten days. Rather, the City must acknowledge the request within the ten calendar days, which should include if the City has responsive records and how long the City will need to produce the records in the manner in which they were requested.
Analysis
Processing Requests
Ideally, a requesting party would fill out the City's standard CPRA request form. If the request is made orally, staff will offer and provide the City's standard form and encourage the requesting party to fill...
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