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The public agency must respond to a request to obtain a copy of a public record
promptly. What is prompt will depend upon the request. The maximum time is 10 calendar days
absent unusual circumstances. (Government Code § 7922.535.) The response may be:

• Disclosure of the record.

• That the records are disclosable and will be produced by a certain time (promptly).

• That the records are exempt from disclosure and will not be produced.

• That the request does not contain reasonably identifiable records. Prior to making this
response, the agency must assist the person requesting the records to help the person
identify the records. This is accomplished by opening a dialog with the person to
determine what the person is seeking and to explain what records the agency has.
(Government Code § 7922.600.)

Important Note: Form 700 Statements of Economic Interest must be made available for
inspection and copying as soon as practicable, and in no event later than two business days after
the statement is received by the filing agency. Filing officials must therefore make sure the Form
700 statements are readily available. (Government Code § 81008.)

The agency does not have to create a new record to meet the request. Exact copies of the
record must be provided unless impracticable to do so. If part of a record is exempt, the agency
must disclose all reasonably segregable non-exempt portions. (Government Code § 7922.525;
ACLU v. Dukemajian (1982) 32 Cal.3d 440.) If a document is requested in electronic format and
exists in that format, it must be provided in electronic format. (Government Code § 7922.570;
88 Ops.Cal.Atty.Gen. 153 (2005).)

Denial of a request for records must be in writing and must set forth the names and titles
or positions of each person responsible for the denial. (Government Code § 7922.540.)

Unusual circumstances means: (1) the need to search for and collect records from
facilities separate from the office processing the request; (2) the need to search for, collect, and
examine a voluminous amount of separate and distinct records; (3) the need for consultation with
another agency having substantial interest in the determination; (4) the need to compile data, to
write programming language, or to construct a computer report to extract the data. (Government
Code § 7922.535.)

In 2024, the Legislature added to unusual circumstances staff shortages and facility
closures caused by a state of emergency that affects the agency’s ability to respond in a timely
manner. The emergency must be proclaimed by the Governor in the applicable jurisdiction. Use
of this new circumstance does not apply to records created during and related to the declared
state of emergency. (Government Code § 7922.535(c)(5).)

The maximum extension to respond to a records request under unusual circumstances is
14 days. (Government Code § 7922.535.)

146 2025 Brown Act Handbook LozanoSmith.com