Under the California Constitution and the California Public Records Act (CPRA), most government records are open to the public.
California Public Records Act
The California Public Records Act (CPRA) is the legislation that governs the rules regarding the public’s access to public records of government bodies in California. The CPRA is outlined in California Government Code §6250.
Who can request Public Records?
Any member of the public can request public records in California. “[E]very person has a right to inspect any public record”. Furthermore, California Government Code §6252(c) defines “person” to include any natural person, corporation, partnership, limited liability company, firm or association. Foreign and domestic corporations are also included in the CPRA’s definition of a “person.”
What records are covered under CPRA?
You can request “public records” that relate to the conduct of the public’s business. Specifically, documents including “any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds or symbols, or combination thereof, and any record thereby created, regardless of the manner in which the record has been stored.” See California Government Code § 6252(g).
There are further clarifications about what constitutes a public record which can be found in the legal cases listed under 2.2 Relevant California Public Records Legal Cases.
How much time are agencies allowed to produce records?
Agencies must produce records “promptly”. More specifically, the CPRA provides agencies with 10 days to send you a response or acknowledgement. See California Government Code §6253(c).
The agency can extend the time it takes to produce records in certain instances, and must provide you with a written notice stating so. Specifically, the extension letter should state the reasons for the extension. More information is available in section 5.1 Agency Responses.
What agencies are covered under CPRA?
All state offices, officers, departments, divisions, bureaus, boards and commissions or other state bodies or agencies are covered by the CPRA except for the state legislature and the courts.
Local agencies covered by the CPRA include counties, cities, school districts, municipal corporations, districts, political subdivisions, or any board, commission or agency thereof; other local public agencies; or nonprofit entities that are legislative bodies of a local agency. See California Government Code §6252(a).
Although the judicial branch of the government is not covered by CPRA, there are federal laws, other California laws, and common laws under which some records of the judicial branch can be considered public records. In addition, the public can access judicial administrative records under California Court Rule 10.500.
Sunshine Ordinances
Sunshine laws are local laws that provide additional transparency and access to public records at the local level, such as cities and counties above what is required by the state of California. In California, there are local sunshine laws in: Alameda, Benicia, Contra Costa County, Gilroy, Milpitas, Oakland, Riverside, San Francisco and Vallejo.