Public Records Requests

The California Public Records Act (PRA) defines public records 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 characteristic.” For example, public records can include, but are not limited to, papers, books, maps, charts, photographs, audiotapes, videotapes, and information stored on a computer.

The California Public Records Act (PRA) (GOVT. CODE § 7920.000 – 7931.000) is designed to give the public access to information in possession of public agencies. Section 7921.000 articulates a policy of broad disclosure and provides that “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state.” To implement that right, Section 7922.525(a) provides that “every person has a right to inspect any public record,” subject only to the express limitations contained elsewhere in the PRA. With the passage of Proposition 59 in 2005, this statutory right is now an express constitutional right.

The PRA provides: “Public records are open to inspection at all times during the office hours of a…agency and every person has a right to inspect any public record, exempted as…provided” (Section 7922.525(a)). “Upon request, an exact copy shall be provided unless impracticable to do so” (Section 7922.530(a)). There are specific exceptions to disclosure; however, to ensure maximum access by the public, these exceptions are read narrowly. The agency bears the burden of justifying nondisclosure, and “any reasonably segregable portion… shall be available…after deletion of the portions that are exempted by law” (Section 7922.525(b)).

Anyone can make a request to inspect or obtain a copy of a public record. A requester is not required to provide any personal identification or reason for the request.

Generally, all SacSewer records are available to the public unless they are statutorily exempt from disclosure. Some of the types of records that are potentially exempt include:

• Personnel records, medical records, and similar files which would constitute an unwarranted invasion of personal privacy if publicly disclosed
• Records pertaining to pending litigation to which a public agency is a party
• Preliminary drafts, notes, and memoranda;
• Records of complaints to or investigations conducted by a police agency
• Records covered by the attorney-client privilege
• Examination data used to administer a licensing, employment, or academic examination
• Criminal history information

In addition to the express exemptions from disclosure, the Public Records Act contains a “catch-all” exemption that permits a public agency to withhold its records from inspection when “the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.” Also, in addition to those exemptions contained in the Act itself, there are hundreds of statutory exemptions and other independent bases for confidentiality.

The easiest way to request records is to use our online request form listed above.

You may also request records from SacSewer via U.S. mail, email, or hand delivery to our administrative office:

Address: 10060 Goethe Rd.Sacramento, CA 95827

Email: PRA@sacsewer.com

Please include all of the information that is requested on the online form in order to expedite your request. Make your request as specific as possible about the records you are seeking (e.g., a date range for the records you are requesting, the department or staff that created the requested records, and/or any helpful keywords.)

You may also indicate whether you would simply like to inspect the records or have copies made, which involves paying for the cost of copying (see “Are there any costs associated with records requests?” below).

Upon a request for records, in most instances, SacSewer has 10 days to notify you as to whether responsive documents exist and to identify how long it will take to compile those documents. SacSewer will make every reasonable effort to respond sooner and to make the records promptly available upon the payment of any applicable fees. The actual time to receive documents can vary significantly depending on the complexity of the request.

If SacSewer receives a request for records that it does not possess, it will notify you that it has no responsive records, and, if it can do so, will forward the request to the appropriate agency that may possess the requested records.

• Inspection. If you wish to inspect the records and have provided contact information, a representative will contact you to make an appointment to inspect the records. If you have not provided SacSewer with contact information, you will need to call or return to SacSewer to arrange for inspection of the records. There is no fee associated with inspecting public records.
• Copies. If you wish to obtain copies of records and have provided contact information, an SacSewer representative will contact you with a time and cost estimate for producing the requested records. You may, upon payment of applicable fees (see below), pick up the records when they become available or have them mailed to you. If you have not provided SacSewer with contact information, you will need to call or return to SacSewer to arrange for copying and pick-up of the records.

Under the Public Records Act, SacSewer is entitled to be reimbursed by the requestor for the direct costs of duplication. SacSewer has, however, made a determination not to charge the requestor for the first 10 pages. If a PRA request calls for the production of records in excess of 10 pages, then the requester will be required to pay .05 cents per page for each additional page, which will be reimbursement of SacSewer’s direct costs for duplication.

• First 10 copies: free
• $0.05 for additional copies
• Emailed records are free of charge
• $3.00 for a data compact disc