Question
I am a journalist working on a book about a cult that was active in southern California in the 90s. As part of my research, I am trying to obtain records from the University of California Press about a book they published. My hope is to obtain the minutes of the editorial committee meeting relating to the book’s publication in 1968, as well as any documents they might have related to its re-release by the UC Press in 1998. Under California law, are they allowed to keep this material confidential? What statutes might apply?
Answer
The University of California is a state agency subject to the California Public Records Act. As far as we are aware, UC Press is a part of the University and would also be subject to the PRA. It is not clear, however, that UC Press would be required to retain notes or minutes of decisions taken 40 years ago, or even 10 years ago. If the records still exist, any formal minutes may be public records subject to disclosure under Government Code section 6250 et seq. However, any notes or memos that are not normally retained in the ordinary course of business would be exempt from disclosure, provided the public interest in withholding them outweighs the public interest in disclosure. Government Code section 6254(a).
You may want to submit a written PRA request for the records you seek. A sample PRA request letter can be found on the CFAC website at the following link: https://firstamendmentcoalition.org/cpra-primer/sample-cpra-request-letter/. UC Press must respond in writing, inform you if the records still exist and if so must either provide you a copy or explain which exemption it believes allows UC Press to withhold the records.
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.