CPRA FAQs

What is the California Public Records Act (CPRA)?

The California Public Records Act (CPRA) was passed by the California Legislature in 1968 for government agencies and requires that government records be disclosed to the public, upon request, unless there are privacy and/or public safety exemptions which would prevent doing so. Please see the California Attorney General’s Office Summary of the California Public Records Act (pdf) for additional information.

What is a Public Record?

Government Code §7920.530 defines a public record 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."

A "writing" is defined as "any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby create, regardless of the manner in which the record has been stored" (Gov. Code §7920.545).

The record must relate to the public's business. Not every record in possession of an agency is a public record. If a record contains primarily personal information, it is not a public record for purposes of the Act.

Please ensure that you narrow your request to that which reasonably identifies the desired records that Inyo County may have in its possession in order for staff to more efficiently search for and promptly provide responsive documents. Additionally, please ensure the records you are requesting are under the County's purview and what it oversees as a local agency. For example, requests for copies of court filings need to be made to the Superior Court of California, a state agency.

The CPRA does not require creation/preparation of a record or document that does not exist at the time of the request. Additionally, certain categories of personal information and records are exempt from disclosure under the CPRA. Other laws also protect individual privacy interests and other propriety information from disclosure.

When will I receive the requested documents?

The 10-day period mentioned in the Government Code §7922.535 is not a deadline for producing records. It is the timeframe in which the agency shall make a determination as to whether the records requested are disclosable public documents in its possession. Once the determination is made, the agency shall promptly notify the requester, within 10 calendar days.

That time limit may be extended by up to 14 days (for a total of 24 days) due to unusual circumstances, such as the need for more time to search and collect the records from separate facilities, to search for voluminous records, to consult with another interested agency or department, or to compile electronic records (Gov. Code §7922.535(b)). The CPRA does not provide a precise deadline for providing access to records. It states that the agency shall make the records "promptly available" (Gov. Code §7922.530(a)).

The County will make every effort to keep you apprised of response timelines.

What records are exempt from the CPRA?

Under specified circumstances, the CPRA affords agencies a variety of discretionary exemptions which they may utilize as a basis for withholding records from disclosure. These exemptions generally include personnel, medical, or similar files for employees; test questions and scoring keys for employment exams; preliminary drafts of documents not retained; and records pertaining to ongoing criminal investigations or pending litigation. In addition, a record may be withheld whenever the public interest in nondisclosure clearly outweighs the public interest in disclosure.

When an agency withholds a record because it is exempt from disclosure, the agency must notify the requester of the reasons for withholding the record. However, the agency is not required to provide a list identifying each record withheld and the specific justification for withholding the record.

When are records redacted versus withheld?

Some records contain information that must be disclosed, along with information that is exempt from disclosure. A local agency has a duty to provide such a record to the requester in redacted form if the nonexempt information is “reasonably segregable” from that which is exempt, unless the burden of redacting the record becomes too great. What is reasonably segregable will depend on the circumstances. If exempt information is inextricably intertwined with nonexempt information, the record may be withheld in its entirety

Can I be charged a fee for making a Public Records Act request?

Under the California Public Records Act (Government Code § 7920.000 et seq.), public agencies are generally required to provide access to public records at no charge, but may charge fees for certain services related to the request.

Permitted Charges:

  1. Direct Cost of Duplication:
    • Agencies may charge for the actual cost of copying records (e.g., $0.10–$0.25 per page).
    • This includes paper, toner, and use of copying machines, but not staff time unless the staff is doing specialized tasks.
  2. Electronic Records:
    • If records are requested in electronic format, an agency may charge for:
      • The cost of producing a copy in electronic form.
      • Programming or computer services required to compile or extract data when producing the records requires special programming.
  3. Mailing/Postage Fees:
    • If the requester wants records mailed, agencies may charge for postage or packaging.

Not Permitted:

  • Agencies cannot charge for:
    • Locating or reviewing the records.
    • Redacting exempt information.
    • Time spent determining whether records are disclosable.