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In-person inspection is allowed at all times the agency in question is open. However, if an oral request is denied, one should create a written record of the request and determination for one’s self and the agency, so that further opposition may be waged.
#California law regarding redacted email code
Gov’t Code § 6260 How can requests be submitted? In-person? “The provisions of this chapter shall not be deemed in any manner to affect the status of judicial records as it existed immediately prior to the effective date of this section, nor to affect the rights of litigants, including parties to administrative proceedings, under the laws of discovery of this state, nor to limit or impair any rights of discovery in a criminal case.” Cal. The Public Records Act doesn’t apply to the judicial or legislative branches
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“(a) Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided.” Cal.
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Records requests are expected to go to the body that holds the records. California law currently has no provision dictating a residency requirement. “(b) (1) The people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.” The Details Can you submit a request if you’re not a resident? Gov’t Code § 6252(e)Ĭonstitution of the State of California - ( ) Applies to the executive branch and state agenciesĭefinition of public records - Cal.Though an agency must cite their reasoning, a broad “outweighing the public interest” catchall makes it tough to build a convincing case.ĭespite these challenges (and due to the lack of any alternative), public records lawsuits are common – in fact, in 2013, citing the “tens of millions” the state was spending on the law annually, in 2013 the legislature added a measure to the budget that would gut the law entirely, turning it into “best practices.” Thanks to a massive outcry by journalists, the measure was defeated. Rather than extend towards all records created by an agency, the law stipulates that the records must be “relating to the conduct of the public’s business,” and exempts “purely personal” information that happens to be on a public account. While that’s fairly straightforward in cases where a agency hasn’t responded in the allotted time frame, the law’s unclear language makes that more difficult when fighting an exemption. Fortunately, California does offer the opportunity to recoup attorney’s fees if the requester succeeds on “any significant issue.” A lack of any formal appeals process means an agency faces no consequences for a violation, unless you’re willing to sue. It should come as a bit of surprise, however, that the law is a frustrating combination of good ideas with no enforcement.Īgencies are required to “comply” with a 10 day time frame, which puts it among the speediest states – assuming you get a clerk who knows the law and is interested in following it. Seeing as that the federal Freedom of Information Act was largely the result of efforts by Congressman John Moss of California, it should come as no surprise that the state was one of the first to enact a state-level public records law. “Purely personal” exemption can limit access to agency records No formal appeals process, requiring a lawsuit Gov't Code, Chapter 3.5 Inspection of Public Records