Sample California Public Records Act Request Letter:
[DATE]
DEMAND FOR PUBLIC RECORDS
[California Government Code Section 6250 et seq.;
California Evidence Code Section 413]
VIA CERTIFIED MAIL
ARTICLE NO. [ ]
Records Custodian
Hall of Records
County of Los Angeles
320 W. Temple Street
Los Angeles, CA 90012
Re: Claims of Police Misconduct
Dear Addressee:
Pursuant to California
Government Code Section
6250, et seq., we request and direct that the County of Los Angeles
send us all County of Los Angeles reports, documents, and other
records, as specifically described and listed by number on Attachment
“A”.
Pending Litigation
No civil action concerning this request
is pending.
Your Obligations Under the California Public Records Act
The particular section of the California
Public
Records Act which we believe to be applicable is Government Code
Section 6253, which states, in pertinent part:
b) Except with respect to public records exempt from disclosure by
express provisions of law, each state or local agency, upon a request
for a copy of records that reasonably describes an identifiable record
or records, shall make the records promptly available to any person,
upon payment of fees covering direct costs of duplication, or a
statutory fee, if applicable. Upon request, an
exact copy
shall be provided unless impracticable to do so.
Computer
data shall be provided in a form determined by the agency.
California Government Code section 6253(b) (emphasis added).
Under Section 6253 (c), you have ten
days within
which to respond to this request. If your agency chooses to
withhold or delay production of records or information, it must justify
such withholding by a writing, executed by the head of the agency,
explaining the reasons for any delay, and the date on which production
will be made, in no event more than 24 days from the date of this
request.
Thank you for your
cooperation.
Consequences of Failure to Comply With the California Public Records Act
“Access to information
concerning the conduct
of the people’s business is a fundamental and necessary right
of
every person in this state.”
Cal.Gov. Code § 6250
“Implicit in the democratic
process is the
notion that government should be accountable for its actions.
In
order to verify accountability, individuals must have access to
government files.”
California Supreme Court, CBS, Inc. v. Block (1986) 42 Cal.3d 646,
651-52.
“Law enforcement officers
carry upon their
shoulders the cloak of authority to enforce the laws of the
state. In order to maintain trust in its police department,
the
public must be kept fully informed of the activities of its peace
officers.”
New York Times Co. v. Superior Court (Thomas) (1997) 52 Cal.App.4th 97,
104-105
This is a public records request under
the
California Government Code. If we are required to bring suit
in
order to obtain these records or information, the court is directed to
award all reasonable costs of such suit, including attorneys
fees. Cal.Gov.Code § 6259(d). Failure to
comply with
such a court order is punishable as a contempt of court, by fine, or by
imprisonment until the ordered documents have been provided.
C.C.P. § 1219.
You are hereby notified and advised that
any person,
including the addressee, who intentionally delays, obstructs, or
prevents a full and accurate response to this lawful Request; or who
provides misleading or altered materials in response thereto, in whole
or in part, may be in violation of federal and/or state law as a
co-defendant, co-conspirator, or accomplice after the fact, for prior
unlawful acts related to those materials.
We are authorized and may choose to
commence a civil
legal action pursuant to Federal and/or California law seeking damages,
costs, and attorney fees, at a date subsequent to the mailing of this
Request, based on unlawful conduct related to the Incident and/or this
Request.
You are hereby notified and advised that
in that
event, pursuant to California Evidence Code Section 413, we reserve the
right to offer evidence that materials responsive to this Request were
wrongly withheld; for the purpose of aiding and concealing unlawful
acts; and in admission of a consciousness of wrongdoing.
Sincerely,
[ ]
ATTACHMENT A:
Pursuant to the aforementioned Section
6250, et
seq., we request and direct that you provide us with unredacted,
complete, entire, and legible copies of each and all of the following
that are in existence, and that you identify and describe any of the
following that have ever been, but are no longer in existence, or that
are for any reason are not presently available to you, or that for any
reason you will not provide as requested and required pursuant to
Section 6250 et seq.:
1. A complete, legible, unredacted copy
of every
claim alleging on-duty misconduct by Los Angeles Sheriff's Deputy
[ ], badge no.
[ ]
filed with the County of Los Angeles pursuant to California Government
Code Section 910 et. seq.
2. A complete, legible, unredacted copy
of every
instruction and/ or guideline for the filing, preservation, and
retrieval of records as described in item (1) above.