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City of San Leandro <br />Meeting Date: December 16, 2019 <br />Presentation <br />Agenda Section:File Number:19-645 PRESENTATIONS <br />Agenda Number:4.B. <br />TO:City Council <br />FROM:Jeff Kay <br />City Manager <br />BY:Liz Warmerdam <br />Assistant City Manager <br />FINANCE REVIEW:Not Applicable <br />TITLE:City Council Update on California Public Records Act Requests <br />SUMMARY <br />The California Public Record Act (“CPRA”) is State law. The City has an excellent record of <br />responding to requests for public information in a timely manner. Recently, the quantity, <br />complexity, and scope of CPRA requests submitted to the City has increased substantially (86% <br />since 2017). While there is no single reason as to why an increase has occurred, there are some <br />distinct variables that outline the cause. Some of the reasons are due to changes in law, increase <br />in civic engagement, and an increase in the use of technology. <br />BACKGROUND <br />The CPRA (Government Code Section 6250 et seq.) is California’s version of the federal <br />Freedom of Information Act (FOIA). The CPRA requires the City to make public records available <br />for inspection or duplication upon request. A public record includes “any writing containing <br />information relating to the conduct of the public’s business prepared, owned, used, or retained” by <br />the City. Virtually every accessible document to which a public employee and city official have <br />access, is a public record. However, certain public records are exempt from disclosure under the <br />CPRA. The majority of the exemptions are to protect the privacy of individuals and confidential <br />materials. <br />When the City receives a request for records, the CPRA requires the City respond to the <br />requester within ten calendar days. The City is not required to produce the responsive records <br />within ten days. Rather, the City must acknowledge the request within the ten calendar days, <br />which should include if the City has responsive records and how long the City will need to produce <br />the records in the manner in which they were requested. <br />Page 1 City of San Leandro Printed on 12/10/2019 <br />12