Q: On August 12 we requested public records under the CPRA from our Joint School District. We gave them the 10-day request for records. On August 21 the school district wrote us asking for a 14-day extension and then listed the date as Tuesday, Sept 8 to respond to us. Today is Sept 9th and we have not received anything, no documentation and no communication from the school district. They are in violation. Where can we report them, what can we do?
A: In general, the California Public Records Act imposes fairly strict requirements on public agencies in connection with such records requests. Since the school district has not fulfilled your request, you should be able to walk into the appropriate office and request to see those records, as the PRA provides, “Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided.” Gov’t Code § 6253(a).
The ultimate recourse for enforcing the PRA is to bring a lawsuit against the School District, which in this case is in the form of request
to the court to issue a writ of mandate—a type of order directing the School District to take a specified action. Gov’t Code § 6259. Plaintiffs who prevail in these actions are entitled to recover their attorneys’ fees, which of course would come from the School District’s pocket. Id.
You might want to write to the School District and remind them of their duties under the PRA. You may also want to remind the
School District that should you be required to bring a lawsuit against to enforce your rights under the Public Records Act, you will be entitled to recover your attorneys’ fees, should you prevail. Gov’t Code § 6259(d).
Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC 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.