Q: I understand from your website that there is no administrative appeal process for someone whose request for records was denied under CPRA, and that litigation is the only recourse.
Given that, could I feasibly go to small claims for relief in equity to appeal the denial and get my records? Just to clarify, does that also hold true for the Information Practices Act? [The Information Practices Act of 1977 (California Civil Code, sections 1798 et seq.) requires government agencies to protect the privacy of personal information maintained by state agencies.]
A: Small claims court is available only for those claims that include a claim for money damages. Because no damages are available under the Public Records Act, Govt. Code sections 6258, 6259, an action under the Act must be filed in the superior court. See also section 6259(a) (“Whenever it is made to appear by verified petition to the superior court . . . ‘).
Unlike, the Public Records Act, the Information Practices Act does provide for claims for damages for certain, but not all, violations of the Act. See Civil Code section 1798.48 (a). A claim for damages is not authorized for the failure to comply with a lawful request to inspect records. Section 1798.48(a) (excluding 1798.45(a) from the provisions upon which a claim for damages can be made). So if the basis for your IPA lawsuit would be the failure to disclose records to you, then that claim could not be brought in small claims court.
Bryan Cave 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.
One Comment
My city uses any and all means to avoid or delay providing public records.
Some highlights:
City manager issued a memo to staff saying they are not to provide a document to the public even if it is right in front of them. A written request must be made and the seeker must wait.
I requested to see expenditures of a special fire tax. I received a written response saying my request was vague and asked me “what is an expenditure?”
When I asked to see a record that had been scanned and stored electronically, I was told I would need to pay to have the record printed so it was viewable.
I told them they are required to provide access to view public records at no cost.
They refused.
I paid the 25¢ charge and am taking that to Small Claims Court to recover the cost, and hopefully they will learn they are not supposed to charge for access to view public records.
Comments are closed.