Q: For the past couple of years, the city manager sends a weekly update letter to the council & other staff. The letter goes out on Thursday each week. I have requested to receive this letter on the same date as the staff and council receive it, but they purposely wait seven days to send it to me saying that it is under the 10-day rule. I have sent them the section of California law where if what I request is readily available, they are to send it much sooner. The City Manager’s answer is that he would like the council to review the letter before I get it. My response is that is not what the law says.
I have all this in writing. Is there another way to convince them to send me the letter promptly or is this just a legal issue?.
A: Under the California Public Records Act, when a local agency receives a request for public records it has ten days to determine whether the request seeks copies of disclosable records, and to either disclose them or cite an applicable exemption and its reasoning why that exemption applies. Cal. Gov. Code § 6253(c). It is true that Cal. Gov. Code § 6253(b) provides “Except with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available to any person…” (emphasis added). However, we are unaware of any authority that requires an agency to immediately disclose a record pursuant to a request. State and local agencies often have employees review records requests to determine whether any information within requested records is “exempt from disclosure,” as stated in § 6253(b), and this process could take time.
If you are seeking faster access to these records, note that § 6253(a) provides that public records are open to inspection “at all times” during the office hours of the agency. Presumably, this means you can view the record faster by going in person to the agency’s office.
Unfortunately, we cannot respond to individual requests for representation through this hotline. Therefore, we recommend speaking with a local lawyer, who can provide you with legal advice more specific to your situation. A good place to look for one would be the Riverside County Bar Association’s lawyer referral service, which can be found here.
Bryan Cave Leighton Paisner 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. No attorney-client relationship has been formed by way of this response.