Q: Can I request emails from the school district without using an attorney? I want to request emails between the superintendent and other employees, assistant superintendent and union reps, and board members and school employees? Reason: I have seen hard evidence that they are campaigning on school time, using equipment to run campaigning materials and requesting contributions for incumbents during school time. Please let me know.
A: Members of the public can request public records directly without any legal assistance. California’s Public Records Act is designed to allow members of the public inspect documents related to the government’s handling of the public business and does not require much at all in the way of formalities. There is not even a requirement that requests be made in writing (though agencies must respond to written requests in writing, so making your request in writing can be useful, especially if you think the agency is likely to resist disclosure).
The only requirements are that your request “reasonably describe[] an identifiable record or records,” and — if you want copies of the records — that you pay “fees covering direct costs of duplication.” Govt. Code Section 6253.
You can find more information about making requests under California’s Public Records Act, including a sample request letter, at the First Amendment Coalition web site: https://firstamendmentcoalition.org/category/resources/access-to-records/.
I hope this information is useful and wish you the best of luck in your efforts.
Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition 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.