Public Records Act Quick Guide

Purpose:

Public Records Act (PRA) ensures government transparency by giving the public access to government records, promoting accountability, and allowing citizens to monitor the functioning of their government. It balances transparency with the protection of privacy and efficient governance.

 

Public Records Definition:

Public records are defined broadly as any writing that contains information about the conduct of the public’s business. The key requirements are that the records must be already prepared, owned, used, or retained by a government agency.

 

Agency Responsibilities:

The agency will make reasonable efforts to locate responsive records.

Initial Response

• The County has 10 calendar days to inform the requester whether it has disclosable responsive records.
• This response informs the requester whether the records they requested are in the agency’s possession and provides an estimated timeline for when they can expect to receive the records.

Final Response

• This response informs the requester whether their request has been approved or denied.

Right to Access:

• Everyone, including residents of other states and countries, have the right to inspect and obtain copies of public records.
• Requesters do not need to explain the reason for their request, but the request must be clear, specific, and reasonably focused to help the agency locate the records.
• Public records become available to all once disclosed.

 

California Constitution & Amendments:

California’s State constitution supports the PRA, with amendments like Proposition 59 (2004) and Proposition 42 (2014) reinforcing public access to government records and meetings.

 

Public Records Laws:

• Freedom of Information Act (“FOIA”) 5 USC § 552 et seq.
• California Public Records Act (“PRA”)
  • Cal. Gov. Code, § 7920.000 et seq. and Cal. Const., art. I.
• Sunshine Ordinances