Q: How do I request in writing all records and e-mail communication on a property that was removed from a Tax Lien Sale from the time the first code enforcement violations to the present time. I have been refused an informal request without a good explanation. I would like to see the law that would remove the property from the Tax Lien Auction List. This has also been refused.
A: In making your request for records, Government Code § 6253(b) indicates that you must “reasonably describe an identifiable record or records.”
The California Public Records Act does not require that the request be made in writing; however, I agree with your intention to do so. For one, a written request creates a record of when you requested the records (in case you decide to litigate in the future). Secondly, a written request then requires the agency to provide a written response. Gov’t Code § 6255(b). There is also no requirement that you provide your name, address, or reason for the request. Gov’t Code § 6257.5. There are sample request letters on the First Amendment Coalition web site at https://firstamendmentcoalition.org/category/resources/access-to-records/
As you may already know, the Public Records Act provides that public records including “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics,” are presumed to be open to the public. Gov’t Code § 6252(e).
Any qualifying records must be disclosed unless a specific provision of the Act or other law exempts them from disclosure.
I am not aware of any specific provisions that exempt Tax Lien Auction lists.
However, there are so many highly-specific exemptions that just because I am unaware of one does not mean it has not been created.
If they reject your formal written request, their response will need to identify the exemption or other justification for their denial. Once armed with that information, it will be possible to better assess the legitimacy of their claim.
Finally, the Public Records Act doesn’t require agencies to answer questions. All it requires is that they produce existing records. If you want to look up particular laws or seek assistance conducting broader legal research, you should contact a research librarian.
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.