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Guidelines for Requests for Public Records
Overview
Online Request Form: Use this form to submit your request online.
The California Public Records Act (GOVT. CODE §§ 6250 - 6276.48) is designed to give the public access to information in possession of public agencies. Section 6250 articulates a policy of broad disclosure and provides that "access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state." To implement that right, Section 6253 provides that "every person has a right to inspect any public record," subject only to the express limitations contained elsewhere in the PRA. With the passage of Proposition 59 in 2005, this statutory right is now an express constitutional right.
The Act provides: "public records are open to inspection at all times during the office hours of the...agency and every person has a right to inspect any public record, except as...provided, [and to receive] an exact copy [of] an identifiable record" unless impracticable. (Citation to code section.) Specific exceptions to disclosure are listed in sections 6253.5-6253.7, 6254, 6254.1-6254.21, 6255, 6267 and 6276; however, to ensure maximum access by the public, these exceptions are read narrowly. The agency bears the burden of justifying nondisclosure, and "any reasonably segregable portion... shall be provided...after deletion of the portions which are exempt." (Govt. Code § 6253(a).)
It is the District's goal to provide the public with timely access to its public records.
What Is a Public Record?
The California Government Code defines public records as, "…any writing containing information relating to the conduct of the public's business prepared, owned, used or retained by any state or local agency regardless of physical form or characteristic." For example, public records can include, but are not limited to, papers, books, maps, charts, photographs, audiotapes, videotapes, and information stored on a computer.
What are the District's Public Records?
The Public Records Act applies to the records of the District and all divisions, boards, and commissions created by the Districts' Board of Directors.
Who Can Request Public Records?
Anyone may make a request to inspect or obtain a copy of a public record. A requester is not required to provide any personal identification or reason for the request.
What Can and Cannot Be Requested?
Generally, all District records are available to the public unless they are statutorily exempt from disclosure. California Government Code section 6254 provides a partial list of records that may be exempt from disclosure. Some of the types of records that are potentially exempt include:
- personnel records, medical records and similar files which would constitute an unwarranted invasion of personal privacy if publicly disclosed;
- records pertaining to pending litigation to which a public agency is a party;
- preliminary drafts, notes and memoranda;
- records of complaints to or investigations conducted by a police agency;
- records covered by the attorney-client privilege;
- examination data used to administer a licensing, employment or academic examination; and
- criminal history information.
In addition to the express exemptions from disclosure, the Public Records Act contains a "catch-all" exemption that permits a public agency to withhold its records from inspection when "the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record." Also, in addition to those exemptions contained in the Act itself, there are hundreds of statutory exemptions and other independent bases for confidentiality.
How to Request District Records
You may request the records from the District via e-mail, U.S. mail, fax, or delivered to our main building. Please utilize the Public Records Request Form.
Additional Details
To expedite your request, make your request as specific as possible about the records you are seeking. For example, you may want to provide a date range for your request, the department or staff that created the requested records, and/or any helpful keywords.
You may indicate whether you would simply like to inspect the records or have copies made, which involves paying for the cost of copying.
How Your Request is Processed
If the District receives a request for records that it does not possess, it will notify you that it has no responsive records and, if it can do so, will forward the request to the appropriate agency that may possess the requested records.
When You Can Expect a Response
Upon a request for records, in most instances, the District has 10 days to notify you as to whether responsive documents exist, and to identify how long it will take to compile those documents. The District will make every reasonable effort to respond sooner and to make the records promptly available upon the payment of any applicable fees. The actual time to receive documents can vary significantly depending on the complexity of the request.
When Requested Records are Ready
After you receive a response from the District concerning the availability of the requested records, you can arrange to inspect the records or have them copied:
- Inspection. If you wish to inspect the records and have provided contact information, a representative will contact you to make an appointment to inspect the records. If you have not provided the District with contact information, you will need to call or return to the District to arrange for inspection of the records. There is no fee associated with inspecting public records.
- Copies. If you wish to obtain copies of records and have provided contact information, a District representative will contact you with a time and cost estimate for producing the requested records. You may, upon payment of applicable fees, pick up the records when they become available or have them mailed to you. If you have not provided the District with contact information, you will need to call or return to the District to arrange for copying and pick up of the records.
Costs Association with PRA Requests
Under the Act, the District is entitled to be reimbursed by the requestor for the direct costs of duplication. The District has, however, made a determination not to charge the requestor for the first ten (10) pages. If a Public Records Act request calls for the production of records in excess of ten (10) pages, then the Requestor shall be required to pay ten cents per page for each additional page, which shall be reimbursement of the District's direct costs for duplication.
- First 10 copies: free
- $0.10 for additional copies
- $ 3.00 for a data compact disc