Anyone from the public can write a public record request, and it doesn’t require a law degree to figure out what elements should go into the request letter. Also, there’s no ‘right way’ to draft a record request letter, however, there are particular elements that you should include in your record request letter.
Addressing the agency
Before writing your request, first identify the proper agency or agencies and review their public records protocol. This should be posted on the agency’s website. You may also need to identify related agencies that may also possess relevant records. For example, you may want to submit your records request to both the police department and other related departments like the City Council.
Introduction
A brief introduction is sufficient, as well as including the relevant public records law (in California the CPRA). It helps convey to the agency that you know your rights.
Citing statutes and regulations
Another way to show you know your rights is to include relevant statutes in your request letter.
The ask
Be concise and summarize the records you are seeking. If your request is too broad or vague, you may get nothing back, or way more than is relevant to you. For example, in requesting emails, provide keywords that should be searched.
Time frame
Including a time frame can help narrow your ask, or be specific if you know when a record was created. As with the ask, if your time frame is too long it may be difficult to get relevant records or get back too many.
Fees
In your letter, ask that the agency notify you in advance if your records request will incur fees to process, and if so, what they are. You can also request a fee waiver, which we go into more detail in section 4.2 Payment and making a “fee waiver” request.
Intended use of records
State in your request letter that records you obtain will be made available to the general public and that it will not be made for commercial purposes.
Method of delivery
Specify in your request letter the format you want to receive records in, and where to send them. For example, if you want the records emailed, be sure to provide the email address you want records to be emailed to. If you want physical copies or a CD, state that and provide a mailing address. Alternatively, you can provide the agency with a telephone number where you can be notified that the records are available for you to pick up in person.
Submit your records request
Double-check you have included all elements above, and submit your records request via an agency’s online portal, via email, or by mail. Make a note of the date of your submission so you can keep track of the process and follow up as needed.
Using a platform such as Muckrock to submit public records requests
Muckrock is a great source to draw upon when creating and submitting your public records request. Muckrock has an extensive collection of records requests that have been submitted by others who use their platform and can be used as a reference to help you create a request of your own. You can see the life of public records requests such as timelines, and the ultimate outcome (voluminous records, denials, no response, etc.) which can provide an indication beforehand of the likelihood of your request being fulfilled.
Muckrock can also help you submit requests and automate follow-up on your behalf. They already have a database of agencies and their public records contact information which will save you time. In cases of delayed responses from agencies, Muckrock will send status requests to the agency as well. The service is reasonably priced at $20 for four records requests.
Template letters for public records request specific to surveillance
We have compiled template letters specific to government surveillance to help in drafting your own records request.