01 - January 30, 2025 - Overview of Public Records Act Requests for 2024
1
CITY COUNCIL INFORMATIONAL MEMORANDUM
Date: January 30, 2025
To: Cupertino City Council
From: Kirsten Squarcia, City Clerk
CC: Pamela Wu, City Manager
Re: Overview of Public Records Act Requests for 2024
Purpose
This memorandum discusses the general requirements of Public Records Act requests
and staff time allocated for processing requests in 2024. Requests can vary depending on
the complexity of the request, volume of records involved, and the need for review and
redaction.
Background
The California Public Records Act (“PRA”) declares that access to information concerning
the conduct of the people’s business is a fundamental and necessary right of every person
in California, as set forth in Government Code section 6250 et seq. In accordance with the
PRA, governmental records shall be disclosed to the public, upon request, unless there is
a legal basis not to do so. Unless an express exemption applies, the agencies shall make
requested records promptly available to any person upon payment of applicable fees.
Agencies typically have 10 calendar days to respond to a public records request, which
includes determining if the requested records are disclosable and notifying the requester
of the determination.
General Requirements and Considerations
PRA Request Manager and Responsibilities
The City Clerk’s Office is responsible for all aspects of responding to any PRA requests
made to the City, including interacting with the requester, collecting fees, and producing
records. The Clerk’s Office is also responsible for maintaining a log that documents PRA
requests, managing the collection of responsive documents from the various
departments, and consulting with the City Attorney’s Office with regard to legal issues
as needed. The City Attorney makes the final determination as to whether a record or
information is public.
Assisting the Public and Narrowing a Request
All requests for public records must be specific and focused enough to allow the City to
reasonably identify the records being requested. If the request is unclear, overly broad,
or unduly burdensome based on the way the request is drafted, staff will respond to the
requester to ask if the request can be clarified. Under the PRA, the City has a duty to assist
the public in making effective requests for records.
Asking Questions vs. Requesting Identifiable Records
A public records request is different than a question or series of questions posed to local
agency officials or employees. The PRA does not obligate agencies to answer written or
oral questions submitted by members of the public. But the standard practice is to either
answer the question or provide the record in response to the question.
Initial 10-day Response:
•Agencies must provide an initial
response within 10 days,
informing the requester if the
records are accessible and
providing an estimated
timeframe for delivery if
necessary.
Potential Extensions:
•In certain circumstances,
agencies may extend the
response period by up to 14
additional days with written
notice to the requester.
Factors Affecting Staff Time:
•Record volume:Large volumes
of records may require more
staff time to locate and review.
•Complexity of request:Broad or
unclear requests may require
additional staff time for
clarification and interpretation.
•Privacy concerns:Records
containing personal information
may need redaction, adding to
processing time.
Volume of Requests Received
In 2024, the City Clerk's Office processed 333 Public Records Act requests. This activity
reflects a 33% increase from the previous year in the number of people submitting
requests under the PRA. As demonstrated in Figure 1 below, there is a widening gap
overall in the volume of requests over the last 8 years. The average amount of time to
process a request varies according to the scope of a request. The actual response time
depends upon how extensive a search is required; the complexity, volume, and
sensitivity of the records located. In 2024, the overall staff spent 550 hours processing
records requests (Figure 2). Additionally, approximately 636,011 pages were reviewed
across all requests in 2024.
Figure 1.
Figure 2.
78
116 127 120
253 264
221
333
0
50
100
150
200
250
300
350
2017 2018 2019 2020 2021 2022 2023 2024
Records Requests by Year (2017-2024)
390
580
635
158
365
613
333
550
0
100
200
300
400
500
600
700
2017 2018 2019 2020 2021 2022 2023 2024
Staff Hours per Records Request (2017-2024)
Sustainability Impact
No sustainability impact.
Fiscal Impact
Agencies cannot charge a fee for the process of searching for or compiling information or
the time spent redacting information within them, but when copies are requested, the
City can charge the "direct cost of duplication" or a statutory fee for the copies in advance
of providing copies (Government Code section 7922.530(a)). The City has implemented a
software application to manage public records requests. Automating the process has
reduced the staff time to manage requests and made the process more convenient for
requestors.
_____________________________________
Prepared by: Kirsten Squarcia, City Clerk
Reviewed by: Pamela Wu, City Manager
Approved for Submission by: Pamela Wu, City Manager