Time Frame to Respond to Record Requests
Q: I submitted a public records request on July 5th, and I received a reply that 1) said they received my request 2) stated my original request in italics and 3) said “It is our intent to respond to your request to the extent required by law.” And nothing more. That letter was post-marked on the 11th and I have not received any follow-up information. What should I do?
A: It might be useful to contact the agency and point out the provision of the Public Records Act that specifies that agencies “upon a request for a copy of records, shall, within 10 days from receipt of the request, determine whether the request, in hole or in part, seeks copies of disclosable public records in the possession of the agency and shall promptly notify the person making the request of the determination and the reasons therefore.” Cal. Govt. Code Section 6253(b) (emphasis added). Even if the agency did not receive your request until the 11th, it should have responded to you before now.
If you want to be even more aggressive, you can point out that “[a]ny person may institute proceedings . . . to enforce his or her right to inspect or to receive a copy of any public record” and that “[t]he court shall award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevail in litigation” to enforce this right. Cal. Govt. Code Sections 6258, 6259(d).