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PUBLIC RECORDS ACT FUNDAMENTALS

Because public agencies exist for the purpose of handling public business, their daily
operations are subject to a level of transparency. The Legislature enacted the California Public
Records Act, Government Code sections 7920.000 et seq. to address this need for transparency.
The Public Records Act is often confused with the federal Freedom of Information Act which
only applies to federal agencies. (5 U.S.C. § 552 et seq.) The Public Records Act applies to
local agencies, including cities, counties, special districts, school districts and community college
districts. (Government Code § 7920.510.)

1. All Records Maintained by a Public Agency are Open to Inspection and Disclosure
Absent an Exemption.

The overall principle of the Public Records Act is that all records maintained by a public
agency that deal with public business are open to inspection and subject to disclosure unless an
exemption applies.

“Public records” are defined broadly 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 characteristics.” (Government Code § 7920.530.)

“Writing” can mean almost anything: photocopies; handwritten notes; letters; reports;
recorded sounds; digital storage; electronic mail; facsimiles; photographs, etc. (Government
Code § 7920.545.)

The California Supreme Court has clarified that electronic communications sent to or
from a public official’s private account and/or private device may constitute a public record if
the communication addresses substantive business of the public agency. (City of San Jose et al.
v. Superior Court (2017) 2 Cal.5th 608.) The court explained that “[i]f public officials could
evade the law simply by clicking into a different email account, or communicating through a
personal device, sensitive information could routinely evade public scrutiny.”

Any “person” including non-citizens, corporations, partnerships, and other businesses,
can obtain records. (Government Code § 7920.520.) However, requests for records must be
reasonable and describe an identifiable record. (Government Code § 7922.530.) Agencies are
required to assist members of the public in identifying records. (Government Code § 7922.600;
Community Youth Athletic Center v. City of National City (2013) 220 Cal.App.4th 1385.)

2. The Agency Must Promptly Respond to a Request for Records.

The public agency must make public records open to inspection at all times during office
hours. The agency can adopt reasonable rules of access to protect the safety of the records from
theft and damage, and to prevent inspection from disrupting the operation of the agency. (Bruce
v. Gregory (1967) 65 Cal.2d 666.) The public agency may refer a member of the public to the
agency’s Internet Website if the record is posted there. (Government Code § 7922.545.)

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