Saturday, May 10, 2014

CPRA - CALIFORNIA PUBLIC RECORDS ACT -

Date Name and Title (of the official with custody of the records) Name of Agency Address RE: Public Records Act Request Dear ________________, Pursuant to my rights under the California Public Records Act (Government Code Section 6250 et seq.), I ask to (inspect/obtain a copy of) the following, which I understand to be held by your agency: (Describe the record as precisely as possible, including the designation of any forms or reports with titles, the date or dates if relevant, the author and addressee if the item is a letter or memo, etc. If the record is referred to in another document or published report and it will help to attach a copy of that reference, do so.) I ask for a determination on this request within 10 days of your receipt of it, and an even prompter reply if you can make that determination without having to review the record[s] in question. (Use the following if applicable:) I would not ordinarily trouble you with this written request, but when I first made it informally I was told by ___________ that your agency considers the information to be exempt from disclosure because _______________________. I respectfully suggest that this position, if I understand it correctly, is inconsistent with the Act as it has been interpreted in the following (authority/authorities…cite case or Attorney General’s opinion). If you determine that any or all or the information qualifies for an exemption from disclosure, I ask you to note whether, as is normally the case under the Act, the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information. If you determine that some but not all of the information is exempt from disclosure and that you intend to withhold it, I ask that you redact it for the time being and make the rest available as requested. In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any or all of the information is exempt and will not be disclosed. If I can provide any clarification that will help expedite your attention to my request, please contact me at (provide phone or fax number, pager number, etc.). I ask that you notify me of any duplication costs exceeding $xx before you duplicate the records so that I may decide which records I want copied. (Use the following as applicable:) I am sending a copy of this letter to your legal advisor to help encourage a speedy determination, and I would likewise be happy to discuss my request with [him/her] at any time. Thank you for your time and attention to this matter. Sincerely, s/_______________________