Q: I have read your FAQ section, but still cannot find an answer for my specific question, which is ”Why cant I have access to my deceased grandfather’s application data/birth information?” He is dead. Who is the information going to hurt? It is very frustrating trying to research historical genealogy information to pursue my roots when there are so many roadblocks! It seems hiring an attorney ($$$) will not help either?
Thanks for any suggestions you may have.
A: If your grandfather was born in California after July 1905, you may be able to obtain birth records from the Office of Vital Records (see http://www.cdph.ca.gov/certlic/birthdeathmar/Documents/CertifiedCopies-BirthandDeathPAMPHLET-(01-12)-MERGED.pdf).
It sounds as though you may also have tried obtaining other records related to your grandfather from the Stockton Police Department. Many records would be subject to California’s Public Records Act. As you may already know, the Public Records Act provides that public records including “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,” are presumed to be open to the public. Gov’t Code § 6252(e). Public records must be disclosed unless a specific provision of the Act or other law exempts them from disclosure.
Many of these exemptions are listed in the PRA, Gov’t Code § 6254(a)–(z). One of these exemptions, § 6254(k), also incorporates confidentiality required by other provisions of state and federal law. Finally, there is a “catch-all” exemption that the government will sometimes invoke if a more specific exemption doesn’t apply. See Gov’t Code § 6255(a). This catch-all focuses on whether the public interest would be best served by disclosing or withholding the records. Id. If you’ve made a formal written request for the records you seek, then the agency’s response should identify the exemption or other justification for their denial.
Note that California’s Penal Code provides that “[p]eace officer … personnel records …, or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by [discovery in litigation].” Penal Code Section 832.7(a). To the extent the records you seek would be characterized as personnel records, this may be the stumbling block you have hit. Although privacy interests are generally thought to terminate when a person dies, this particular statute doesn’t seem to provide any time limitations on the records’ confidentiality.
I suggest that you submit a formal, written request for the documents you seek if you haven’t already done so. This will require the police department to provide the specific reasons for its decision to withhold the records. Once you have that information, it should be easier to determine whether their decision to deny you access to the records is legitimate.
Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.