Q: I requested email records sent by people in a supervisor’s office, using keywords and a date range.
The response said that no records existed, except I had a message sent to me that fell under the criteria. So I forwarded them a copy of the email message, and asked them to explain how they did the search. I haven’t heard back, and they aren’t returning calls. What would you say the next step would be?
A: You might consider writing to your contacts at the county and reminding them of their duty under the PRA to assist the public in making focused and effective requests that reasonably describe identifiable records. Gov’t Code § 6253.1.
To that end, the agency is required to, among other things:
(1) Assist the member of the public to identify records and information that are responsive to the request or to the purpose of the request, if stated.
(2) Describe the information technology and physical location in which the records exist.
(3) Provide suggestions for overcoming any practical basis for denying access to the records or information sought.
Gov’t Code § 6253.1(a).
In your correspondence with the county, you might want to once again describe the records you are seeking, the fact that you know at least one responsive record exists but was not captured based on the previous search parameters that you provided, and request that the county work with you to come up with parameters that are broad enough to capture the universe of documents that you are after.
Hopefully sending a friendly reminder to the county of its obligations under the PRA, combined with suggestions on how you and the county might work together to fulfill your request, will get a better result for you than your first attempt.
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.