California Public Records Act
The California Public Records Act (California Government Code Sections 6250 et. seq.), commonly referred to as the “PRA,” provides members of the public access to records and information maintained by government agencies, such as the City of Los Altos. The purpose of the PRA is to ensure that government records are disclosed to the public upon request unless there is a legal basis for withholding those records.
Public Records
The PRA defines public records as “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics” (GC Section 6252(e)). Simply put, public records are those records which are maintained in the course of City business. This could include correspondence, final reports, resolutions, ordinances, agendas, minutes, applications, and plans, to name a few. The City of Los Altos maintains a comprehensive list of records as part of its Records Retention Schedule. Records are maintained and destroyed according to guidelines established in the Records Retention Schedule.
The PRA does exempt certain records from disclosure. This includes attorney-client communications, drafts, certain law enforcement records, certain personnel records and other proprietary information. In order to withhold records from public review, the City must identify and demonstrate the exemption or public interest in non-disclosure.
Requesting Records
Any member of the public may request to review any public record. Requests for records may be made in writing or verbally. No individual may be required to submit a written request. On occasion, staff may make a written request on behalf of an individual in order to assure that City staff fully understands what is being requested. Individuals may submit requests for records online, via telephone or in person at City Hall.
View past requests.
City’s Obligation to Respond
The City is obligated to provide a response to all requests for records within 10 calendar days following receipt of the request. If the tenth day falls on a weekend or City holiday, the next business day is considered the deadline for responding to the request.
If additional time is needed to provide the requested records, the City may extend the response period for up to 14 additional calendar days. There are certain reasons for which the deadline may be extended. This ensures that an agency does not simply delay producing the records irresponsibly. If the City does extend the response period, it must notify the requester in writing within the initial 10 day period.
The City’s response to a request for records will be to disclose the record(s), withhold the record(s) or disclose the record in redacted form. If the City withholds or redacts a record, it must state in writing the reasons for withholding or redacting the record.
The City also reasonably works with a requester to identify records that are responsive to the request or how to find the requested records or information.
The City is under no obligation to create a record that does not exist at the time the request is submitted.
Reviewing Records
Records are generally made available for review at City Hall during normal business hours, Monday through Thursday, 7:30 AM to 5 PM and Friday 7:30 AM t0 4PM. If a member of the public requests copies of records, the City may charge a copying fee. This fee is established in the City’s Fee Schedule.
