Q: For the past year and a half, I have been attending our local City Council Meetings. I have determined by the current By-Laws that the Treasurer is required to file quarterly financial reports with the City, and I am attempting to access said reports. As a citizen do I have a right to this information?
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A: While neither California’s Public Records Act nor its open meetings law, known as the Brown Act, address issues such as the obligation of legislative bodies to abide by their by-laws, you could use the PRA to request the financial report that you seek.
Under the PRA, public records—which include “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,” Gov’t Code § 6252(e)—are presumed to be open to the public and must be disclosed unless a specific provision of the Act or other law exempts them from disclosure.
The law also requires that the agency let you know whether it has records in its possession that are responsive to your request, and it must also cite any exemptions it is claiming and describe how those exemptions apply to the records that you seek. Gov’t Code § 6253(c). Although the PRA has several exemptions that the City might claim, it seems unlikely that the financial reports would fall into any of those exemptions.
You can find more information about how to submit a Public Records Act request, including a sample letter, on the FAC’s website: Public Records Act request
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.