Q: My County installed a drainage system designed to flood my property. After two small claims suit losses I wrote a complaint to the Engineer Board. Subsequently, the Engineer Board ruled in favor of the County Engineer. I am seeking legal services to help me obtain the County Engineer’s submission to the Board.
A: It appears the California Engineer Board is a “state or local agency” subject to the California Public Records Act (PRA), so you should be able to request the submission directly from that agency. Under the PRA, “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency” is presumed public and must be disclosed unless a specific exemption applies. Gov’t Code § 6252(e).
If you make a written request to the Board (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, the Board must specify why it believes the records are exempt from disclosure.
Based on your email, it sounds like the submission is presumptively a record subject to disclosure under the PRA, and I cannot think of any reason why it would be exempt. See Gov’t Code § 6252(e), (g). If the Board does cite an exemption, however, it will need to explain, in writing, which exemption applies and how. In that event, keep in mind the Board 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
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.