Friday, January 24, 2014

California Public Records


by Ben Kingsley


CA public records, according to the California Public Records Act or CPRA, can be accessed by any entity whether the one requesting the records is the public such as an individual person or private such as an organization or company. The aim of the CPRA is to ensure that government transactions are made public to ensure that every government official or agency is held accountable for their actions. All records are available for inspection by the public and can be accessed during the government agency's business hours.

According to the State of California Government Code 6250, records considered public include the following: (a) any writing that the government conducts for the public and has retained in its keeping regardless of its form and (b) all records kept in the Governor's office on or after January 6, 1975. Record samples are obtainable from the following entities - (1) the State's different agencies such as bureaus, departments, divisions and commission offices, (2) counties or municipalities (3) from school districts and (4) local public agencies. (CA Gov. Code Sec. 6252)

There are however exemptions to the law. The state clearly defines those records that are restricted from the public access including the following records (a) ongoing trial (b) personal records or records that invade one's privacy, (c) regulations pertaining to banking regulations, (d) homeland security, (e) tax information of an individual, (f) circulation reports from the library and (g) employee reports. The law also prohibits the dissemination of personal information of the State's employees. Access to the information is restricted to the entities as discussed in Sec. 6254.3 (a) of the CPRA.

To get a copy of the reports, one can check out the website of the agency that one wants to obtain a report from. Each agency has their own set of guidelines and forms as well as fees. Some agencies can accommodate phone-in requests, however, in certain cases, submitting a form with the request is easier as one can receive the information within 10 days after the request was made. In certain cases, walk-ins are also much faster as the documents are available for the public during the operation hours of the agency. Fees are also cheaper when one requests copies personally. The state allows the agencies to set fees and other statutory fees to cover the expense, which can include photocopy services.

In certain cases, the agency might not be able to accommodate the request made. Some reasons that the agency might give to the person requesting the information would be - (a) records are located in different office, (b) the request volume would require longer time to finish, (c) the reports would need to be discussed with other departments before being released and (d) the reports might require computer expertise to be retrieved.

For those who want to gain access to government public records without having to walk in personally to the State's agencies, they might want to try searching for these records online. Many sites do offer public records for free or for a minimal fee. Samples of records would include marriage, birth and death records.




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