mardi 28 janvier 2014

California Public Records

By Ben Kingsley


Any records identified as public in nature are accessible by the public people. This is with regards to CA public records and is mandated by the State itself under the CPRA or California Public Records Act. Under the State of California Government Code Section 6250-6270 or otherwise known as the California Public Records Act, all records that are in "writing" and entered into by the government in its transactions with the public or for public interest are public property and can be accessed by the public. The Act aims to ensure that government agencies or those employed by the State are held accountable. All records which are deemed public are available for examination during the normal operation hours of the agency.

In the public's interest, all records that are considered public include those records that were retained by the government in its dealings with the public and can be in any form. These include records that are in different media format. Another would be records that were kept in the Governor's office during or after the 6th of January 1975. Records are available from different state agencies, bureaus, offices, departments as well as from the county clerks, municipal districts and other local agencies that served as agent of the State.

Although the State of California made access to public records a right for every individual, there are certain records that are excluded from the public. These records, according to the Government code 6255, are records of which the public disclosure is detrimental to the public interest and thus are restricted. Aside from this, other exclusions include the following: (a) reports or records that are pending litigation, (b) records that would constitute to invasion of one's privacy, (c) memoranda or drafts (d) banking regulations, (e) records by law enforcement agencies which include intellectual and confidential information, (f) records pertaining to tax information, (g) employee relations, (h) library circulation report and (i) internal security report. The personal information of the State's employees is also restricted from the public and only accessible by the State's agent as pursuant to Sec. 6254.3 (a) of the government code.

To access the information or have a copy of the report, applicants are required to fill up a form. Each agency has their own forms and guidelines, which help, facilitate the request. The agency only has 10 days to ensure that the request is met. Certain fees do apply and depend on the agency that one made the request from. The State allows the agencies to charge certain fees to cover duplicate cost and other statutory fees that may apply.

There are some instances where the law makes a leeway for the agencies. Under Sec 6253(c), agencies can extend the delivery time if and when - (1) records are kept in a different location, (2) the amount or volume of the request made is large, (3) if the records need the consultation of another agency or office before it is released and (4) the retrieval of the report would include computer coding to retrieve the files.

Government public records are important as these contain valuable information. Death records, birth and marriage records are some of the necessary reports that one might need. To access the records without having to go to the State agencies, one can check out sites that do offer record searches for free or for a minimal amount. Information is readily available and for those who need the information fast, this is the easiest way to do so.




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