Q. We have a unique situation here. A Community Services District has established a policy of publishing the requesters name and what records they are asking for in both the minutes and agenda. This is done to bring public attention on who is requesting records. These individuals are now being harassed for making these requests. Additionally, several other members of the public get copies of documents directly from a director, which is not published…so there is an inequity or double standard and obtaining documents. Is there any cases, codes or procedures dealing with this kind of situation. It is stifling the public’s ability to request documents due to the publishing of requests. Also, the District has determined not to honor anonymous requests.
A. The situation you describe is indeed unusual. Unfortunately, I did not find any authority stating that it is impermissible for the Community Services District to publicize the names of Public Records Act requesters. Indeed, if any of these requests are in writing, they are presumptively public records themselves under the Act, and any citizen could request to see such requests. However, as you describe the situation, it seems that the CSD is publicizing the names of requesters in order to intimidate and deter others from making requests, which seems to violate the spirit of the Act.
There is nothing in the Act that would seem to permit the CSD to refuse to honor requests from anonymous requesters (see Gov’t Code § 6253, pasted below), just as the Act does not require requesters to state their purpose in seeking out the records they are requesting (“This chapter does not allow limitations on access to a public record based upon the purpose for which the record is being requested, if the record is otherwise subject to disclosure.” Gov’t Code § 6257.5). Thus, to the extent that the CSD is refusing to honor such requests, it may be violating the Act.
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Gov’t Code section 6253
§ 6253. Public records open to inspection; agency duties; time limits
(a) Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law.
(b) Except with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable. Upon request, an exact copy shall be provided unless impracticable to do so.
(c) Each agency, upon a request for a copy of records, shall, within 10 days from receipt of the request, determine whether the request, in whole 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 therefor. In unusual circumstances, the time limit prescribed in this section may be extended by written notice by the head of the agency or his or her designee to the person making the request, setting forth the reasons for the extension and the date on which a determination is expected to be dispatched. No notice shall specify a date that would result in an extension for more than 14 days. When the agency dispatches the determination, and if the agency determines that the request seeks disclosable public records, the agency shall state the estimated date and time when the records will be made available. As used in this section, “unusual circumstances” means the following, but only to the extent reasonably necessary to the proper processing of the particular request:
(1) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request.
(2) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request.
(3) The need for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein.
(4) The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data.
(d) Nothing in this chapter shall be construed to permit an agency to delay or obstruct the inspection or copying of public records. The notification of denial of any request for records required by Section 6255 shall set forth the names and titles or positions of each person responsible for the denial.
(e) Except as otherwise prohibited by law, a state or local agency may adopt requirements for itself that allow for faster, more efficient, or greater access to records than prescribed by the minimum standards set forth in this chapter.
Cal. Gov’t Code § 6253 (West)
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