Q: Our volunteer group requested animal shelter records on animals that were impounded at a few city/county shelters. Among the information we requested related to these animal records was the name of the responding rescue organization that “rescued” the dog from the shelter. We have been told that the shelter(s) will not release the name of the rescue organization(s). There was no statute or other law identified to serve as the basis for denying the request for the rescue information.
My question: is the name of a rescue organization that “pulls” an impounded animal from a city/county CA shelter exempt from public disclosure in a California Public Records Act request? Our purpose is to direct pledged donations to these rescues but we are told the shelter does not provide the name of rescues that pull the animals (we stated specifically the rescue name was being requested for purposes of charitable donations). So is that information protected by some exemption defined by law? We have been given that information informally over the phone by staff in the past but lately for some shelters it has taken an overwhelming amount of time to get responses via phone (e.g., they will only provide two updates/record information over the phone per day) so to make it more efficient for all concerned we sent a California Public Records Act/FOIA request. Thanks for any insight you can provide so that we can continuing supporting shelter animals in need.
A: The California Public Records Act only applies to records, and not information, so as a starting point, you might want to re-submit your request to clarify that you are seeking records that pertain to the release of this particular animal to an outside rescue agency. I cannot think of a specific exemption that would apply to such a record. Local agencies sometimes improperly invoke a “catch-all” exemption found in the PRA, which requires a strong showing that on the facts of the particular case, the public interest in withholding the record from public view far outweighs the public interest in releasing the record. Gov’t Code § 6255. This exemption is broad and undefined, and is often improperly invoked by agencies when no other exemption applies.
I would encourage you to re-submit your request in writing to the shelter. Under the Public Records Act, the agency should respond to your request within 10 days, letting you know whether it will release the records or not, and if not, exactly why (citing the specific exemption and describing how it applies to the records that you seek). Gov’t Code 6253(c). You can find more information about the PRA, including a sample request letter, on the FAC’s website here: http://ift.tt/1Hnol8a
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