The California Public Records Act (CPRA) requires state and local government agencies to give the public access to information found in public records.  City Policy 0-33 establishes additional requirements and provides guidance in responding to CPRA requests. 

Records include any writing containing information relating to the conduct of the public’s business that is prepared, owned, used or retained by the City, regardless of the physical form and characteristics. “Writing” includes any handwriting, typewriting, printing, photocopying, photographing, and every other means of recording upon any form of communication or representation such as letters, words, pictures, sounds, or symbols, as well as all papers, maps, magnetic or paper tapes, photographic films and prints, and electronic mail.

Requests may be made orally or in writing; either in person, through the mail, via e-mail, fax or over the telephone. Although not required, a form is available online to assist requestors.

Public records are open to inspection at all times during regular City business hours. Staff does not need to disrupt operations to allow immediate access to the records, but should make them promptly available to the requestor.

Upon receipt of a written or oral request for records, the City shall make the records promptly available to the requestor. In cases where the records are not readily identifiable or accessible, or additional time is needed to determine whether the request in whole or in part seeks copies disclosure records, the City will have ten (10) calendar days to provide its determination. The ten (10) day time period shall be calculated from the date the request is received.

In unusual circumstances, the City may extend its time to respond by an additional fourteen (14) calendar days. Should this occur, the City will inform the requestor in writing of the extension within the initial ten (10) day period, setting forth the reasons for the extension, along with the estimated date of the City’s further response. Unusual circumstances permitting the extension of time are limited to:

• The need to search for and collect the requested records from a facility separate from the office processing the request;
• The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that have been asked for in a single request;
• The need for consultation with another department or another agency that has a substantial interest in the response to the request; and/or
• The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data.

The City must, to the extent reasonably practicable, assist requestors in making focused and effective requests for public records. To do this, the City will:

• Assist with identification of records and information that are responsive to the request or the purpose of the request, if known;
• Describe the information technology and location in which the records exist; and
• Provide suggestions for overcoming any practical basis for denying the request.

The City does not have to create records which it would not normally create in order to respond to a request.

Records shall be made available in their original form or by a true and correct copy. Audio, photographic and computer data, or any other such as records, shall be exact replicas unless the City determines it is impracticable to provide exact replicas.

In most situations the City may not charge for these fees and costs.  However, the City may charge for the actual costs of duplicating paper records and postage consistent with the City’s Schedule of Fees and Charges (currently .20 per copy).  The City may also charge for duplicating a record from one medium to another consistent with the City’s Schedule of Fees and Costs.  Requestors of electronic records pay for production costs, including the cost to construct the record and the cost of programming and computer services necessary to produce the copy  if the request would require the production of a record that is otherwise only produced at regularly scheduled intervals, or the request would require data compilation, extraction, or programming to produce the record.  However, the City does not charge for access to data that is readily accessible without significant cost to the City. 

There are certain categories of documents that are generally not subject to disclosure. These include, but are not limited to:

1. Preliminary drafts of documents that are not retained by the City in the normal course of business;
2. Records related to pending or ongoing litigation;
3. Attorney-client communications;
4. Personnel records, medical information, or other records the disclosure of which would constitute an unwarranted invasion of personal privacy;
5. Corporate financial and proprietary information, including trade secrets; and
6. Records protected by State and Federal law.

When appropriate, words or other portions of a document may be redacted (blanked out or otherwise obscured from vision) and the remainder of the document may be disclosed.

If it is determined, after consultation with the City Attorney’s Office, that the records sought are not subject to disclosure either in whole or in part, then the Department shall advise the requestor in writing that the records will not be made available and include the following:

• Reasons why access is being denied, and
• Names and titles or positions of each person responsible for the denial.

If you believe that you have been inappropriately denied access to City of San José public records, you may appeal that denial by contacting:

• The City’s Public Records Manager at tom.norris@sanjoseca.gov or  by calling (408) 535-8120
• The City Council Rules and Open Government Committee—for more information contact the Office of the City Clerk at cityclerk@sanjoseca.gov by calling (408) 535-1260
• The Santa Clara County Superior Court