UPDATE, 13 November 2023: Based on the OIC’s complaint to the City Manager, the City of Anaheim has changed their policy, and will now provide records by email upon request. This is a major victory, and shows that the law – and power – is on the side of the public.
ANAHEIM, California. (OIC) The Open Information Collective, through requests made by Founding Member Amy Parker, has become aware of the egregious and illegal practices of the City of Anaheim with regards to requests made under the California Public Records Act.
Public records request to the City of Anaheim, or to any of its departments, are processed through the City Clerk’s office. After delaying responses to the requests until the last day, the Clerk’s office didn’t respond to our requests with the records, instead telling us to email the City Clerk themself to set up arrangements to receive the records.
When contacted, they sent the OIC invoices for the records. After clarifying we wanted the records by email, we continued to get no response for many days; after several phone calls, we finally got told that the City of Anaheim doesn’t give responsive records by email. This was despite the records already existing in electronic format, as a USB drive was one of the options.
This is not legal under California law. Since the records sought in the request where this first came up were emails, this would trip a section about providing media directly if it can be directly transferred:
The agency shall provide a copy of an electronic record in the format requested if the requested format is one that the agency has used to create copies for its own use or for provision to other agencies.
California Government Code, sec. 7922.570(b)(2)
Further, because the emails already exist as emails, the other part of the section would apply:
The agency shall make the information available in any electronic format in which it holds the information.
California Government Code, sec. 7922.570(b)(1)
Because the only options were to pay fees for paper records, or pay a fee for a USB, the right to use our own equipment was also denied to us:
A requester who inspects a disclosable record on the premises of the agency has the right to use the requester’s equipment on those premises, without being charged any fees or costs, to photograph or otherwise copy or reproduce the record in a manner that does not require the equipment to make physical contact with the record, unless the means of copy or reproduction would result in either of the following: (1) Damage to the record. (2) Unauthorized access to the agency’s computer systems or secured networks by using software, equipment, or any other technology capable of accessing, altering, or compromising the agency’s electronic records.
California Government Code, sec. 7922.530(b)
Further, they claimed that after twenty days without picking up/ordering the records, they would consider the request closed, and we would have to re-make the request. This is a crazy policy, especially considering the other illegal restrictions that are being applied; the policy may not even be legal.
Following this, we sent a complaint letter to the Anaheim City Manager’s office. We have not yet received a response; responses will be available on the Letters from the OIC page when received.
All email correspondence we have with the City of Anaheim is public record, and can be requested from the City of Anaheim using requests under the California Public Records Act. The Open Information Collective will also directly provide said correspondence upon request, and given the refusal by the City to properly handle public records request, this method is likely more fruitful. Most communications will also be posted on the City of Anaheim OIC page once records or a denial has been received from the City.
If you want to help join the fight against agencies who oppose public transparency, and help make government more accountable, join the OIC today! You can contact the OIC directly, or any member of the OIC, for more information.