Agency missed CPRA request deadline

Answer

You are correct that California’s Public Records Act provides that records must be made available for inspection during an agency’s office hours and that copies of public records must be made available “promptly” upon payment of any duplication fees.Govt. Code Section 6253(b).

The PRA directs agencies to determine whether a request calls for the production of public records “within 10 days from receipt of the request,” but does permit an additional 14-day extension in certain “unusual circumstances” that are outlined in the statute (e.g., the need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request).Govt. Code Section 6253(c).

Unless there is some other law that purports to exempt the records you are seeking from disclosure under the PRA, there would seem to be no reason why the agency could lawfully take 60 to 90 days to provide the records.

The next step might be a follow-up letter reminding the agency of its obligations to provide copies of public records within the time limits established by the PRA.

Ultimately, the only way to force an agency to comply with the PRA is to sue the agency in court.It is sometimes helpful to remind an agency in a follow-up letter that a person who is forced to sue to obtain records under the PRA and who ultimately prevails in the litigation is entitled to her attorneys’ fees.Govt. Code Section 6259(d). You can find more information about the PRA at the FAC’s web site at http://firstamendmentcoalition.org/category/resources/access-to-records/.

Holme Roberts & Owen LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition 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.