The Public Records Act Does Not Impose Specific Disclosure Deadlines
The Public Records Act (“PRA”) requires agencies to make responsive records “promptly” available upon request, so long as those records are not exempt from disclosure. But the PRA does not require disclosure by a certain deadline. Instead, agencies must disclose records without delay, taking into account the scope and burden of the particular request on the agency.
Government Code Section 7922.535 requires agencies to determine whether requested public records within the agency’s possession are disclosable within 10 days of receiving the request or, under specified circumstances, within an extended period up to 24 days. The PRA does not include a deadline for the actual production of the records, because production times will necessarily vary based on the request and the agency’s capacity to respond. Instead, the law requires the agency to state the estimated date and time the records will be made available.
In Voice of San Diego v. San Diego Unified School District, the court declined to impose a mandatory production deadline under the PRA. Voice of San Diego argued that records it had requested under the PRA must be produced within a few days or weeks of the 10-24 day disclosure determination. The court rejected this argument, observing that the Legislature expressly omitted any such deadline in the statute and a Legislative omission is interpreted to be intentional. What is reasonably “prompt” should instead be analyzed on a case-by-case basis, the court held. Factors may include: the nature, location and volume of records, complexity and size of the organization, and the specificity and breadth of the request.
Agencies must continue to deliver a disclosure determination to the requester within the 10–24 day statutory timeframe. As part of that response, the agency may establish a reasonable production schedule, considering the various factors described above. The schedule may result in a rolling records production, and, if necessary, the agency may prioritize time sensitive requests over larger requests.
This e-alert was prepared by Allison Duda, an RWG summer associate. If you have any questions about the production of documents under the CPRA, please contact your RWG attorney.
