Q: A recent student survey was conducted by my community college’s general emailing service. Can I send a CPRA request form to the community college to receive the results of the survey?
A: The Public Records Act (PRA) applies 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,” so it should cover the community college. Govt. Code § 6252(e). Such writings are presumed public and must be disclosed on request unless a specific exemption applies.
If you make a written request to the community college (a sample letter is available here) it must determine whether the records are subject to the PRA within 10 days of your request, and “promptly notify” you, in writing, if it will make the records available. Gov’t Code § 6253(c). If not, it must specify why it believes the records are exempt from disclosure. Based on your email, it sounds like the survey is presumptively a record subject to disclosure under the PRA, and I cannot think of any reason it would be exempt. See Gov’t Code § 6252(e), (g). If the community college does cite an exemption, however, it will need to explain, in writing, which exemption applies and how. In that event, keep in mind the community college still would have a duty to assist you in making a focused and effective request. Gov’t Code § 6253.1. You can learn more about the PRA on the FAC website: Public Records Act
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.