Page 16 - Lozano Smith Board Member Toolkit 2026

“Catch-all” Exemption
Documents may be withheld if the agency determines that on the facts of the
particular case the public interest served by not disclosing the record clearly
outweighs the public interest served by disclosure of the record.

Who May Request a Public Record?

Any “person,” including non-citizens, corporations, partnerships and other
businesses, firms and associations. Requests for records must be reasonable and
describe an identifiable record.

Dealing with Unclear Requests
Public agencies must “assist” the person making the request so that the request is
focused, effective, and reasonably describes an identifiable record or records. This
includes assisting the member of the public to identify records and information that
are responsive to the request or to the purpose of the request, if stated; describing the
information technology and physical location in which the records exist; and providing
suggestions for overcoming any practical basis for denying access to the records.

Response Timelines
Each agency, upon a request for a copy of records, shall, within 10 days from receipt of
the request, determine whether the request, in whole or in part, seeks copies of
disclosable public records in the possession of the agency and shall promptly notify
the person making the request of the determination and the reasons therefor. This
does not equate to a requirement that the records be produced within 10 days.
Production should be made in a reasonable time frame.

In unusual circumstances, the 10-day time limit may be extended by written notice to
the person making the request, setting forth the legal reasons for the extension and the
date on which a determination is expected. The resulting extension cannot be more
than an additional 14 days.

Charging for Copies
Generally, public agencies my charge a requestor only the direct cost of copying
records in response to a Public Records Act request. Importantly, this does not include
the administrative costs of searching for, reviewing, or redacting responsive records.

Tips for Managing Public Records Act Requests
> Respond Promptly: Agencies should be reasonably prompt in responding to
requests (promptness depends on the nature of the request).

> Duty to Assist: Agencies must provide assistance to the person requesting the
records. If the request is vague or ambiguous, help the person articulate what
records s/he is seeking and explain what records the agency has.

Guide to Effective Governance 13