CPRA and FOIA Request 056 TO SAN DIEGO COURTS

SAMPLE RECORDS REQUEST FOR CALIFORNIA COURTS USING RULE 10.802

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THIS IS AN EXAMPLE FOR A REQUEST SENT TO THE COURT:


RE: CPRA and FOIA Request 056 SDC Budgetary Records‏‏

Sent: Sat 6/06/09 12:28 AM
To:  Roddy,Mike (CEO Superior Court) (Michael.Roddy@SDCourt.CA.Gov)
Cc:  Bullen,Holly (Holly.Bullen@SDCourt.CA.Gov); Westman,Dave (Dave.Westman@SDCourt.CA.Gov)

RE: California Public Records Act (Government Code Section 6250 et seq.) and FOIA


Dear Mr. Roddy,


Pursuant to my rights under the California Public Records Act (CPRA), California Rules of Court (CRC) 10.802, and FOIA, I ask to inspect the following as
soon as possible:


1.  Provide copies of courts budget for FY 2008 to date.


2.  Provide names of court staff that compile the court's budget.


3.  Provide names of programs and electronic formats used in producing courts budget


4.  Provide dates of when court's fiscal calendar year begins and ends.


5.  Provide the name, phone number, e-mail address of court employees or contractors responsible for facilitating public records requests to the public.


6.  Provide the name, phone number, e-mail address of court employees or contractors responsible for handling the court information management systems.


8.  Provide the court's policy manual and or operating manual court employees are required to use.


9.  Provide the name, phone number, e-mail address of court employees or contractors responsible for contracts administration.


10.  Provide copies of all court administration agenda and minutes of meetings from January 1, 2009 to present.


11.  Provide copies of all documents and/or receipts of federal funding you may or may not receive.  Provide total amount of federal funding received.



If you do not have the records I have described, please let me know by e-mail pr@crispe.org
what other agency or official is more likely to have them, and what if any related records you have that may be responsive to my request. As you may know, the following laws apply to this request.


Prompt Disclosure: Government Code Section 6253 (b), (d)
Records not exempt from disclosure are to be made "promptly available." No provision of the CPRA and FOIA, including the response periods noted below, "shall be construed to permit an agency to delay or obstruct the inspection or copying of public records."


Deadlines: Government Code Section 6253 (c)


You are required "promptly" and in no case more than 10 calendar days from the date of this request, to determine, and inform me in writing, whether you are going to decline all or part of the request, and the law(s) that you are relying on, unless within that period you notify me in writing that you intend to take up to an additional 14 days to make the determination because of your need:
1. to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request;
2. to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request;
3. for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein; or
4. to compile data, to write programming language or a computer program, or to construct a computer report to extract data.
Your notice must set forth "the reasons for the extension and the date on which a determination is expected to be dispatched." If you determine that any of the records I have requested are disclosable, your written notice must "state the estimated date and time when the records will be made available."


Constitutional Rule of Interpretation: Article I, Section 3 (b) and FOIA


The California Constitution requires that the Public Records Act "shall be broadly construed if it furthers the people's right of access, and narrowly construed if it limits the right of access." This rule must be heeded in interpreting any exemptions from disclosure you believe to be applicable.


Freedom of Information Act applies court accepts or receives federal funding and make it subject to FOIA disclosure.

California Rule of Court 10.802.



Fees: Government Code Section 6253 (b)


There is no fee chargeable for inspection of a record (Attorney General's Opinion No. 01-605).


Thank you for your prompt attention to this request. When the records are ready for inspection, or you have a determination letter prepared, please contact me by e-mail: pr@crispe.org.


Meanwhile, please let me know if you need further clarification.



Respectfully Submitted,




Marcy Ganz
pr@crispe.org