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Asked and Answered

Government Not Providing All Records Requested

November 12, 2018

Question

I submitted a CPRA and have not disclosed all of the documents from one of the categories I asked for. I requested specific photos of weapons that were found by park rangers and they are only releasing pictures from a portion of the ranger program.

They did not disclose that there are additional photos, but a ranger I know who works for the government has stated that their supervisor is only asking them to get photos from one specific team. I know hundreds of other photos exist and that they are not releasing these. They don’t know that I know about the additional pictures.

Do I have any recourse without “outing” my inside source?

Answer

My suggestion would be to perhaps write to the agency and simply ask whether you have been given all records that are responsive to your request, and clarify that you are seeking photographs from all the park ranger units. If you know the specific names of the different ranger divisions, you might even list those in your follow-up, so that the agency will have to respond as to as to whether there are photographs from each of the individual units that are responsive to your request. You could also remind the city of its duty under the Act to assist you in identifying records and information that are responsive to your request. Gov’t Code 6253.1.

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.

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.