Page 16 - Microsoft Word - Lozano Smith Board Member Toolkit 2025

INTENT OF THE PUBLIC RECORDS ACT

What are Public Records?
The term “public records” includes any record relating to the public’s business which is
retained by or in the possession of any state or local agency. This definition is
purposefully broad to protect the public’s interest in remaining informed regarding the
actions of government.

What’s a Record?
Includes:
 Photocopies
 Handwritten notes
 Letters
 Reports
 Digital storage
 Electronic mail
 Facsimiles
 Other recorded items

Email and Electronic Messages
Emails and other electronic communications constitute “public records” if they relate
to conduct of public business. These communications are generally subject to
disclosure under the Public Records Act unless they fall under an exemption.
Importantly, this can include electronic communications on private accounts or devices
(including texts, emails, and communications on social media platforms) depending on
the content and context of the communications.

Public agencies may wish to consider adopting policies and implementing best
practices around electronic communications by both employees and members of the
governing board, including requiring use of email addresses provided by the agency,
segregating personal communications, and how and whether emails, texts and other
electronic communications addressing government business should be stored and
maintained.

Exempt Records (Partial List)
 Preliminary drafts and notes not ordinarily retained in the normal course of
business, subject to the balancing test for the “catch-all” exemption discussed
below
 Documents prepared for pending litigation
 Certain personnel and medical files (but not all personnel records are exempt)
 Certain information from police reports
 Test questions, scoring keys, and other exam data
 Records prohibited from disclosure by California or federal law, such as student
records

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