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Tips for Managing Public Records Act Requests
 Respond Promptly: Agencies should be reasonably prompt in responding to
requests (promptness depends on the nature of the request).

 Duty to Assist: Agencies must provide assistance to the person requesting the
records. If the request is vague or ambiguous, help the person articulate what
records s/he is seeking and explain what records the agency has.

 Provide Existing Documents: A public agency has no duty to create new records,
provide a summary of existing records, or create new formats in response to a
records request.

 Segregating or Redacting Confidential Information: If a record contains
confidential and non-confidential information, agencies should generally provide
reasonably segregated or redacted portions of the record.

 Exemptions: Know the legal exemptions or where to find them.

 Consistency: Maintain a consistent policy or practice when allowing the inspection
of records and in charging copy costs.

 Access is a Fundamental Right: Remember, the overall purpose of the Public
Records Act is to provide the citizens with the basis to know their government’s
business.

 Know the Agency’s Policies and Practices: This includes understanding how emails
sent to and from employees and board members regarding government business
will be treated.

 Utilize Counsel when Necessary: Failure to promptly and properly respond to a
Public Records Act request can, and often does, lead to costly litigation.
Importantly, a requester who prevails in an action against a public agency to
enforce the Public Records Act is often entitled to recover their attorney’s fees and
costs. While complying with the Public Records Act can pose a burden on a public
agency and its staff, failure to comply is often more costly. Lozano Smith attorneys
are available to assist our public agency clients with all manner of Public Records
Act questions and concerns.

Guide to Effective Governance 15