Question
I’m new to public records laws in California, and curious if you can help. What is the requirement in California for initiating that inquiry? Do I need to send a written request, or is a verbal request deemed to have the same weight?
Answer
Under the California Public Records Act, Government Code § 6250 et seq., an oral request for records is permitted. Government Code section 6253(a) provides that public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record that is no exempt from disclosure. Government Code section 6253(b) requires the agency to provide you with a copy of any non-exempt public record (or reasonably segregable portion thereof) upon request.
Neither imposes any requirement that the request be in writing. That being said, a written request is often a good idea, particularly if you think a request will be controversial, or if you have a history with an agency that demonstrates that they are difficult. The written request will provide a clear record of what was requested and when. Having that record will be invaluable if you later have a dispute with the agency, and it will prevent the agency from misrepresenting the content of your request.
Asked & Answered posts should not be relied on as legal advice, and FAC makes no guarantees about their completeness or accuracy. All posts carry a date of publication that readers should take note of in assessing their usefulness, given that laws and interpretations of them may change over time. Posts predating Jan. 1, 2023, that discuss the California Public Records Act may contain statute numbers no longer in use. Please see this page for a table showing how the California Public Records Act has been renumbered.