Q: I would like to know if a detail report of legal counsel’s fees charged to the district is a public record. The attorney has told the district administrator that his invoices are not public records.
A: The California Public Records act provides access to any “writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency.” Govt. Code § 6252(e).
When a member of the public makes a request under the Public Records Act, the agency must respond within 10 days of the request, stating whether disclosable records exist that match the request and provide an estimated deadline for producing them. Govt. Code 6253(c).
Additionally, the agency receiving the request must help “the member of the public make a focused and effective request that reasonably describes an identifiable record or records.” Govt. Code
§ 6253.1(a).
If an agency determines that a particular record is exempt they “shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case
the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.” Govt. Code § 6255(a).
If I am understanding your question, you are trying to get records relating to the amount of money the district spends on the services of an outside attorney.
Although the school district may claim that invoices for legal services provided by outside law firms are exempt from disclosure under either the pending litigation exemption contained in the Public Records Act, or because the bills are attorney-client privileged under the Evidence Code, invoices would be presumptively available as public documents.
The PRA “embodies a strong policy in favor of disclosure of public records.” Bernardi v. County of Monterey (2008) 167 Cal.App.4th 1379, 1392–1393. Ultimately, the burden is on the government agency claiming an exemption to show that an exemption applies. Additionally any exemptions could likely be overcome by having confidential portions of the invoices blacked out or otherwise redacted.
This method would likely be consistent with the PRA, which requires that “[a]ny 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.” Govt. Code § 6253.
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.