An agency’s response to your records request will usually fall under one of these three general categories:
1. Initial response
Within 10 days, the agency should send an acknowledgement or initial response that they are in receipt of your records request. The response should have the contact information of the agency, the date, and a tracking number of the request. Keep this information for your records as you may need to reference in future follow up. Sometimes an agency will respond stating they will be using an extension for responding to your request. In California, the agency can have an additional 14 days to respond to the request. See California Government Code § 6253(c).
2. Administrative closure response
Sometimes, an agency may respond stating that your request is too vague or doesn’t have enough detail for them to conduct a search for records. They will also state that your request will be closed administratively after 30 days if you do not take any action to provide them with more information to process your request.
In this scenario, you do not need to submit a new records request. You should respond promptly and explain your request or obtain more information about what is too vague or broad to help you further specify your request. Where possible, try to provide enough clarity that still preserves your original request as much as possible.
3. Substantive response
The agency can send you a variety of substantive responses which are short of providing you with records. The agency may respond with any the following:
- The agency does not have the records being requested
- The agency is searching for records being requested and will follow up
- Your request has been forwarded to another agency or department
- If your fee waiver request was denied or granted
Delays
Delays from agencies responding to public records requests are inevitable. Expect them. It helps to be proactive and monitor for a response – irrespective of whether you use an automated reminder system such as Muckrock or set reminders for yourself. Up to a point, be polite because records clerks are just human beings and the system is not any individual’s fault. Many big city records departments are overwhelmed and most small ones are understaffed. However, you are entitled to government records by law, so be persistent about securing the eventual fulfillment of your request.
You can also send follow-up letters which not only serves as a reminder but also helps make the case later on (if needed) that delays are violating the CPRA.