The California Public Records Act (CPRA) is a beacon of transparent governance. The Act bestows constituents in the Golden State the right to access, inspect, and copy public records held by government agencies.
CPRA stands as a cornerstone of open government, ensuring that the workings of state and local government are open to scrutiny and accessible to all, including journalists, researchers, advocacy groups, and concerned citizens. Read on to learn more about the request and response process under the CPRA.
What is the California Public Records Act?
The California Public Records Act (CPRA) is a law that grants the public the right to access records held by state and local government agencies in the state of California. The law was officially enacted in 1968 and promotes transparency in government by allowing constituents to request and obtain public records, including government contracts, meeting minutes, financial records, and more.
Types of Requests
Typically, the CPRA allows members of the public to make two types of requests when they wish to access a public record. They may use a public records request to inspect the record at local government offices, obtain a copy of the record, or both.
Right to Inspect Public Records
The CPRA gives anyone the right to inspect public records held by government agencies. The right to inspect public records allows interested parties to access the physical location where the records are stored. One can visit a records center or an agency’s office and review the documents in person.
Sometimes, the requester may only access a public record after certain portions exempted by the law have been deleted. For instance, the city treasurer may redact sensitive information from the city’s financial reports before they’re released into the public domain. Likewise, the city administrator may remove confidential information from compliance reports before posting on the city’s website.
Right to Copy Public Records
The CPRA also includes provisions for the copying of public records. While agencies are required to provide access to public records, they are also allowed to charge a fee for copying and mailing records. However, these fees are limited to the direct costs of duplication.
Responding to Requests
Upon receiving a request, an agency has 10 days to respond. This gives the agency time to review the request and determine if the records can be legally released to the public. After the determination, the agency will respond to the requester explaining the status, costs, and timeframe.
Assisting Your Constituents
According to League of California Cities, “Local agencies must assist requesters who are having difficulty making a focused and effective request. To the extent reasonable under the circumstances, a local agency must:
- Assist the requester in identifying records that are responsive to the request or the purpose of the request stated;
- Describe the information technology and physical location in which the record or records exist; and
- Provide suggestions for overcoming any practical basis for denying access to the record or records.”
Extending Response Time for Copies
League of California Cities indicates that the government agency may “extend the 10-day response period for copies of public records for up to 14 additional calendar days.”
Locating Records
Local agencies must make a reasonable effort to search for and locate requested records, including by asking probing questions of city staff and consultants. “No bright-line text exists for whether an effort is reasonable. That determination will depend on the facts and circumstances surrounding each request. Those persons or offices that would most likely be in possession of responsive records should be consulted in an effort to locate the records,” says League of California Cities.
Getting Started With eScribe
Since government records are public, it’s crucial to store them in a secure and organized manner, which allows you to quickly produce the records if requested. eScribe, a meeting management platform for governments, is built with compliance in mind.
The platform includes features for meeting management, collaboration, voting, reporting, and more. The public sector utilizes eScribe to enable workflows that improve efficiency, accessibility, and transparency before, during, and after meetings.
See eScribe in action in the City of Greensboro case study.
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