Obtaining records without fees?
Q: How do I obtain a public record if I can not afford the price due to economic problems? Can the S.F.P.D refuse to give me the records in electronic from?
A: The Public Records Act (PRA) does not include a specific provision for waiving or reducing fees for copies requested under the Act. California courts have decided, however, that agencies do have the discretion to waive or reduce fees. See North County Parents Organization for Children with Special Needs v. Department of Education, 23 Cal.App.4th 144 (1994). In other words, whether to waive or reduce fees is up to the agency (in this case, the S.F.P.D.) and, unfortunately, agencies are often unwilling to waive or reduce fees.Another option is to go to the offices of the S.F.P.D. and ask to inspect the records you seek.
Under the PRA, the public has the right to inspect a record (unless some exception or exemption applies) during normal office hours. Agencies can charge for copies under the PRA but not for allowing members of the public to inspect the actual records. Although inspecting the records on-site may be less convenient, it would at least allow you to review the information contained in them without incurring duplication charges.With regard to why the agency cannot simply provide you with the records you seek in electronic form (especially if they have provided electronic records to other members of the public), it is difficult to say. It could very well be that some of the information you seek in electronic form is interspersed among other information that is exempt from disclosure under the Act. The agency may find it easier to simply print out the non-exempt information and provide it to you in hard copy. Also, I am not aware of any provision of the PRA that requires agencies to provide the records in the state that they have them in their offices.