[vc_row][vc_column][vc_column_text]Q: We are seeking assistance to obtain public records (under the Public Records Act and McKee Transparency Act) that have not been produced. Over the past 36 months, University Counsel at a California State University has consistently failed to fulfill their obligations under the California Public Records Act and McKee Transparency Act.
While they have produced some of the records requested, all of the records are not being produced. (We have evidence of this). A group of concerned faculty members have asked for these records because University Administration has been misusing funds (e.g., improper payments to themselves) and retaliating against faculty members who filed Whistleblower Complaints. We know that the University is actively concealing information that may have severe legal implications to certain University officials.
We are a group that wants to stop the corruption, ensure that public monies are directed toward education (i.e., students), and stop University officials from violating a number of California Laws and University policies.
We hope that someone can provide legal advice on how to enforce the law and ensure that University Counsel fulfills its legal obligations. Thank you in advance for your consideration.
[/vc_column_text][ult_buttons btn_title=”Exercise your right to know! Ask FAC’s Legal Hotline your own question!” btn_link=”url:http%3A%2F%2Ffacelementor.wpengine.com%2Flegal-hotline||” btn_align=”ubtn-center” btn_size=”ubtn-custom” btn_width=”630″ btn_height=”70″ btn_padding_left=”10″ btn_padding_top=”10″ btn_bg_color=”#00ade5″ icon=”Defaults-desktop” icon_size=”42″ icon_color=”#000000″ btn_icon_pos=”ubtn-sep-icon-at-left” btn_border_style=”outset” btn_color_border=”rgba(244,244,244,0.37)” btn_color_border_hover=”#ffffff” btn_border_size=”5″ btn_radius=”5″ btn_shadow=”shd-bottom” btn_shadow_color=”#a8a8a8″ btn_shadow_size=”5″ btn_shadow_click=”enable” enable_tooltip=”yes” tooltip_text=”It’s FREE!” tooltip_pos=”top” btn_font_family=”font_family:Raleway|font_call:Raleway” btn_font_style=”font-weight:bold;” btn_font_size=”14″][vc_column_text]A: I am sorry to hear about your problems getting the university to produce the requested records. In general, the California Public Records Act imposes fairly strict requirements on public agencies in connection with such records requests.
For example, not only is an agency required to respond in writing to any written request for copies of records, but if the agency is claiming that any of the records are exempt, it must cite the specific exemption and how that exemption applies. Gov’t Code § 6253(c).
There are many other obligations imposed on an agency in connection with requests for public records, including the duty to assist requesters in identifying records that are responsive, Gov’t Code § 6253.1, and, segregating exempt and non-exempt information (i.e., redacting) so that the non-exempt portion of the record may be released. Gov’t Code § 6253(a).
Further, if you are only seeking to inspect the records, 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 agency, which in this case is in the form of request to the court
to issue a writ of mandate, which is a type of order directing the agency 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 agency’s pocket. Id.
You might want to write to the university and describe why you think its response to your request is incomplete and inadequate, and remind
the university of its duties under the PRA. Given your frustration and the high stakes here, you may also want to remind the university that should you be forced to file a lawsuit to enforce the PRA, you will be able to recover your attorneys’ fees from the
university.
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.[/vc_column_text][/vc_column][/vc_row]