Question
I’ve put in a Public Record request two months ago-and no response. I wrote again to them a month ago-no response. What’s my next step?
Answer
The Public Records Act requires the public agency to respond in writing to your written request within 10 days. (Cal. Government Code Secs. 6253 and 6255.) It would appear that the agency did not comply with this requirement in this case. We would suggest that your next step be to write a letter to the agency, and explain that (a) you submitted a written request on a particular date; (b) substantially more than 10 days have passed and you have not received a written response as required; and (c) if you are forced to sue to obtain the records and the agency is unable to justify its refusal to provide access to the records (and its failure to even respond to your request, as it is required to do), you will be entitled to recover your attorneys’ fees under Cal. Gov. Code sec. 6259(d).
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.