What the California Public Records Act really requires - and what it doesn't

The California Public Records Act (CPRA) guarantees access to the records of state and local governments. The act ensures public officials and employees conduct business transparently. It recognizes that government records belong to -- and should always be available to -- the people.

But the right to access public records is not unlimited. As a municipal lawyer, I regularly advise my clients on handling public records requests. I often encounter misperceptions about what the CPRA requires.

Here's a look at the most common misperceptions -- and what the act really says.

Fact: Agencies are not required to produce records within ten days.

The most common misperception is that agencies have ten days to produce responsive documents.

The CPRA is clear: an agency need only provide a written response within the 10-day timeframe. (Gov. Code, § 7922.535(a).) The response must advise whether records exist, whether they will be produced, or whether the agency claims any exemption from disclosure. (Id., §§ 7922.535(a), 7922.540.) If the agency advises it will produce records, it need only identify the "estimated" date they will be disclosed. (Id., § 7922.535(a).)

The CPRA provides little guidance on how long an agency may estimate for its response. It says only that disclosure of records must occur "promptly" -- a term courts have not interpreted. (Id., § 7922.530(a).)

Requesters and agencies may differ about what is prompt. But responding to records requests can be like responding to litigation discovery. My law firm regularly processes several large records productions for our clients. The volume and complexity of these can rival what our litigators face in responding to large document demands.

In our experience, it sometimes takes weeks -- and even a few months -- to respond to requests. Just as in litigation, where discovery extensions are the norm, requesters should be patient -- especially when they seek voluminous records.

Fact: The CPRA does not require agencies to answer questions.

Another misperception is that the CPRA requires agencies to provide narrative answers to requesters' questions. Often, agencies will receive CPRA requests that read like interrogatories. Some even demand that agencies create detailed charts or spreadsheets, complete with instructions on how to assemble and forward complex data sets.

The CPRA requires agencies only to disclose existing records. They need not create new records to satisfy requests. (Sander v. Superior Court (2018) 26 Cal.App.5th 651, 669.)

When our clients receive these requests, we direct them not to answer the questions or assemble the requested spreadsheets. We advise them only to provide records that contain the requested information.

Fact: Agencies can ask for clarification.

Sometimes agencies receive overly broad or vague requests that preclude any meaningful response. Agencies are not required to do their best to decipher these.

Examples include requests for entire classes of documents -- such as "all" documents, notes, or correspondence -- without any reference to timeframe, context, or authorship. Agencies can only guess about how to fulfill such requests.

When agencies receive these, they need only make a "reasonable effort" to have the requesters provide "focused and effective" requests before proceeding. (Gov. Code, § 7922.600(a), (b).) The agency may describe "the information technology and physical location" where records may be found and "provide suggestions for overcoming any practical basis for denying access to the records or information sought." (Id., § 7922.600(a)(1)-(3).) If agencies are unable to identify responsive records after this effort, they may advise the requesters accordingly. (Id., § 7922.600(b).)

Fact: Law enforcement reports are exempt from disclosure.

Law enforcement records are also a source of confusion. A frequent misperception is that anyone may receive copies of police or sheriff reports.

California generally exempts "records of complaints to, or investigations conducted by" law enforcement agencies such as county sheriffs and city police departments. (Gov. Code, § 7923.600.) Only victims of criminal incidents (or their representatives) may receive discrete -- and limited -- portions of such reports, including witness statements, incident details, and property descriptions. (Id., § 7923.605(a).) But even they may not receive portions of the reports disclosing the investigating officers' analyses or conclusions. (Id., § 7923.605(b).)

Law enforcement agencies are, however, required to make certain information available for criminal incidents. They must release information about arrestees, bookings, charges, and related matters. (Id., §§ 7924.610, 7923.615.)

Fact: Architectural drawings cannot be copied without permission from copyright holders.

Another misperception concerns architectural drawings. Agencies must usually withhold building plans, for instance, due to copyright protections. (Gov. Code, § 7927.705.)

Agencies may, however, make copyrighted plans available for inspection. (Id., § 65103.5(a).) But without the permission of the design professional or copyright holder, agencies cannot allow the plans to be copied. (Id., § 65103.5(b).) Absent permission, even the owners of the buildings cannot receive copies.

Fact: Template request forms found online are not helpful.

Finally, a word about the CPRA request templates found online: in my opinion, these are unhelpful. Many include lengthy discussions of legal standards and requirements that government employees already know. Some still refer to the old code numbering system that was replaced in 2023. (If you see a template citing sections in the 6000s, it is outdated.)

Most agencies provide request forms or portals on their websites. If this option is available, use it.

Regardless of how a request is submitted, the most important thing is how you describe your requests. The more attention you devote to describing these, the better your chance of success. So be clear about what you want.