Non-Response to Requests
Q: I sent a Freedom of Information Act Request to the California Department of Corrections trying to obtain information related to my position there. It was an information act using the form letter making a state (not federal) request. The request was sent by certified mail and they did not respond. What should I do now? Thank you in advance for your attention to my concerns.
A: From the information in your submission, it is unclear whether what you are seeking are your own records concerning your employment position with the California Department of Corrections. Generally speaking, laws restricting access to records should not interfere with a person’s rights to review his or her own records. However, if you are seeking other types of records, not your own, then you are correct in having submitted a request for those records under the state statute, which is called the California Public Records Act (“PRA”).
The PRA guarantees the public’s right to inspect and obtain copies of documents collected or maintained by state of local agencies. The PRA requires agencies to provide you with the documents requested, or notify you that your request has been denied, within 10 days. (Gov’t Code § 6253). If the written request is denied, the agency is obligated to back its denial by citing an exemption in the PRA or other state or federal law allowing it to withhold the records you seek. (Gov’t code § 6255). It sounds like the agency is simply ignoring your request without giving you a basis for their denial. If the agency did not explain the basis for its refusal to provide what you requested, it might be useful to contact them again, and submit a second request under the PRA. A sample PRA request letter can be found on the CFAC web site at the following link: http://www.cfac.org/templates/cpraletter.html.
The ultimate recourse under the PRA in the event of an improper denial is to initiate litigation. The PRA provides that prevailing parties in a PRA litigation be awarded their attorneys’ fees. Govt. Code § 6259(d) (“The court shall award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to this section. The costs and fees shall be paid by the public agency of which the public official is a member or employee and shall not become a personal liability of the public official. If the court finds that the plaintiff’s case is clearly frivolous, it shall award court costs and reasonable attorney fees to the public agency.”). You might want to highlight this fact as well in your next communication with the agency.