Obtaining the names of notaries public
Q: I am trying to obtain names and contact info, to the extent possible, of all notaries public registered in various counties in Southern California. To my understanding, this is public information because one can go into the County Clerk’s office and verify authenticity for the notary public one’s considering using. The most problematic for me has been the Riverside County Clerk, from where a representative stated over the phone they do not furbish such lists or allow the public to access that information at their office.
I was directed to County Clerk offices in the first place by a representative at the National Notary Association. Somehow, I feel I am being misled or altogether shunted by government employees who either don\’t want to or don’t know how to help me. Isn’t the information I am seeking public information, under the CA Public Records Act? Or does each county have its own set of guidelines (or bars) for this information?
A: Under the California Public Records Act (“PRA”), the public has a right to inspect and copy any record held by any state or local agency unless one of the Act’s specific exemptions applies. See California Government Code 6253. All state and local agencies are subject to the Act; a local agency is not permitted to develop its own rules and restrictions concerning access to public records.
Since your oral requests have been denied, it might be a good idea to make a written request alerting the relevant agencies that you are seeking public records under the PRA. If you make a written PRA request for the information you seek, the responsive agency must respond in writing, and must justify any refusal to disclose the records. California Government Code 6255. CFAC provides a form letter that you may wish to use as a template for your PRA request, available on CFAC’s website at the following link: http://www.cfac.org/templates/cpraletter.html In addition, you may wish to remind the Riverside County Clerk of his/her obligations under California Government Code 6253.1, which requires agencies to provide the public with certain assistance in response to a PRA request:
(a) When a member of the public requests to inspect a public record or obtain a copy of a public record, the public agency, in order to assist the member of the public make a focused and effective request that reasonably describes an identifiable record or records, shall do all of the following, to the extent reasonable under the circumstances:
(1) Assist the member of the public to identify records and information that are responsive to the request or to the purpose of the request, if stated.
(2) Describe the information technology and physical location in which the records exist.
(3) Provide suggestions for overcoming any practical basis for denying access to the records or information sought.
I am not aware of any PRA exemption that would allow an agency to refuse to provide you with records reflecting the names and contact information of registered notaries. It is possible an agency would seek to justify withholding such records to protect the notaries’ privacy rights. While the PRA does provide certain privacy exemptions, they probably do not justify withholding the limited information you seek.