Q: I have sent the university several PRA Requests in conjunction with my son’s recent death on campus. The state university responded that they would respond to my request in 10 days. Ten days later I received a letter saying they they would produce the requested documents on almost a month later. When the appointed day came, I received no response. I sent an e-mail inquiry, the school responded saying they they would respond 30 days later. There was no reason for the delay given. Can they do this?
A: First let me extend the Coalition’s sympathies for your recent loss.
The Public Records Act, at Government Code section 6253(c), provides that “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 possess of the agency and shall promptly notify the person making the request of the determination and the reasons therefor.” The law then sets forth several conditions which if met entitle the agency to extend the time by an additional 14 days.
The position of the Attorney General, and thus most, if not all, governmental agencies, is that this requires them only to inform the requester within 10 (or plus 14) days of the existence of records; copies need only be provided “promptly.”
Many open records advocates maintain that the law requires that the copies themselves be provided within 10 (or plus 14) days. I am not aware of any published court decision that has either accepted or rejected either interpretation of the statute.
Whether a court would permit the agency to delay release as it has will largely depend on the reasons for the delay. If the records are voluminous and require a great deal of effort to redact exempt material from them, a court may find that permissible.
In situations like this it is often advisable to maintain an open line of communication with the person processing the request and to get a written explanation for any delays.
Ultimately, the only mechanism for the enforcement of the Public Records Act is by the filing of a lawsuit. There is no type of administrative appeal or formal complaint procedure available. You may have some success trying to contact someone else at the department if the officer who contacted you has not responded to your request.
If you are interested in pursuing legal action, you may want to submit an inquiry to the First Amendment Coalition’s attorney search utility.
https://firstamendmentcoalition.org/legal-hotline/lawyers-assistance-request-form/
Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to FAC 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.