Question
I personally served (Hand Delivered) a Community College back in April a CPRA request for information. Their attorney sent me a partial package. However, the main portion of information has not been sent. As a result, the attorney stated that his paralegal was working on it and that it would be sent out right away. However, when I followed up with the paralegal she said she was not involved in that project. Therefore, I tried to call the attorney without any response. My question is do I need to take this to media or file a suit? I’m not quite sure what step to take next as this has to do with the California Department of Education.
Answer
It sounds like the Community College agreed in principle to turn over the records you requested but that you never actually received them all. Although “[i]n unusual circumstances, the time limit prescribed [by the PRA] may be extended by written notice by the head of the agency or his or her designee to the person making the request, setting forth the reasons for the extension and the date on which a determination is expected to be dispatched,” it sounds like you have received no such written notice. Cal. Govt. Code Section 6253(c). Furthermore, “[n]o notice shall specify a date that would result in an extension for more than 14 days.” Id.
Although litigation is available to force compliance with the PRA, it sounds like you may be able to resolve this problem informally if you can get the attorney’s attention. As a practical matter, one option would be to send a letter to the Community College and its attorney, describing your original request, explaining that the school is in violation of the PRA because of the delay in getting the records to you, and perhaps directing their attention to Section 6259(d) of the Government Code, which provides that “[t]he court shall award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to this section.” In fact, if an agency releases the disputed records after the plaintiff has filed a suit to compel their disclosure and if the release is demonstrably based on the suit, the plaintiff is entitled to costs and fees even though the matter did not result in a court judgment. Belth v. Garamendi, 232 Cal. App. 3d 896 (1991).
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.