California Public Records Act We will reflect the National Treasure - - PowerPoint PPT Presentation

“We will reflect the National Treasure in which we live”

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Presented by: Heather Stroud, City Attorney Susan Blankenship, City Clerk

The California Public Records Act (CPRA)

California Public Records Act

“We will reflect the National Treasure in which we live”

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Governmental records must be disclosed to public upon request unless there is a legal basis to withhold them.

• 76 exemptions
• Privacy
• Support effective government in public’s interest

What is a public record? What constitutes a writing?

• Any record created, regardless of the manner in which the

record has been transmitted or stored. What must the request for records include?

• A public records request need not state:
• Its purpose,
• Intended use, or
• Justification or explanation of the request.

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The California Public Records Act (CPRA)

“We will reflect the National Treasure in which we live”

Is every writing in the custody of a public agency a public record under the CPRA? No.

The key element is whether the writing is kept because it is necessary or convenient to the discharge of official duties.

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The California Public Records Act (CPRA)

“We will reflect the National Treasure in which we live”

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Who can request information?

• Anyone may request public information.

Requests for Information

• Types of requests
• Content of requests
• Manner of making requests

The California Public Records Act (CPRA)

“We will reflect the National Treasure in which we live”

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The California Public Records Act (CPRA)

“We will reflect the National Treasure in which we live”

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The California Public Records Act (CPRA)

“We will reflect the National Treasure in which we live”

Responding to Requests for Public Information

• Request for day to day operational information

that is readily available-Provide Information

• Request requiring further research and

information not readily available-Forward to the

City Clerk

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The California Public Records Act (CPRA)

“We will reflect the National Treasure in which we live”

Examples of CPRAs processed at the Department level:

• Building permits for 3447 Tahoe Boulevard.
• Copy of the recently signed letter by Mayor David and Supervisor Renaldi

regarding the return of KCRA News to programming available to South Lake Tahoe and El Dorado County.

• Copy of a business license issued to Olsen Paving and seal coating.
• HOME Quarterly Program Income report of 4/30/2018.

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The California Public Records Act (CPRA)

“We will reflect the National Treasure in which we live”

Examples of CPRAs processed through the Office of the City Clerk:

• Any and all financial documents pertaining to the City’s sale of the land known as

the former Knight’s Inn

• Copies of actual code enforcement notices of violation sent by the jurisdiction to

property owners between the dates of 4/15/2018 through 5/15/2018 AND a financial report containing the address and dollar amount of any special assessment (direct levy) on any property in the jurisdiction that presently has an

• utstanding balance and/or payment arrangement.
• All text messages on city phones and any text messages on personal phones which

refer to city business for periods of time since August 1, 2017 for each of the following: Jason Collin, Wendy David, Tom Davis, Brooke Laine and Austin Sass

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The California Public Records Act (CPRA)

“We will reflect the National Treasure in which we live”

Office of the City Clerk CPRA Process

• CPRA request received
• Date stamp and save the request electronically
• Enter the request into CPRA log
• Ensure the request is complete
• Determine if the documents are subject to disclosure or under litigation
• Review complexity and contents of the request
• Respond to the request within 10 days or send written notice of 14-day

extension

• Gather documents and review for redaction or controversial information
• Send written response to request and save electronically

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The California Public Records Act (CPRA)

“We will reflect the National Treasure in which we live”

Time periods to respond to requests . . .

10 DAYS

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The California Public Records Act (CPRA)

“We will reflect the National Treasure in which we live”

Extension of 10-day deadline available in “unusual circumstances."

“Unusual circumstances” include the need to:

• Search for records in field facilities or separate offices
• Search through a voluminous amount of records
• Consult with another agency with a substantial interest in the record
• Compile data or to create a computer program to extract the data

No more than 14-day extension.

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The California Public Records Act (CPRA)

“We will reflect the National Treasure in which we live”

Time period for disclosing a record

The 10-day initial response and 14-day extension are the time periods for notifying a requester as to whether the city has public records in its possession that are responsive to a request. The CPRA does not require that records actually be produced within these time periods. CPRA does require that records be made available “promptly” once a determination has been made that the district retains records that are responsive to a request.

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The California Public Records Act (CPRA)

“We will reflect the National Treasure in which we live”

> Full language of the code:

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=7.&chapter= 3.5.&lawCode=GOV&title=1.&article=1

> The People’s Business: A Guide to the California Public Records Act:

https://www.cacities.org/Resources/Open-Government/THE-PEOPLE%E2%80%99S- BUSINESS-A-Guide-to-the-California-Pu.aspx

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The California Public Records Act (CPRA)