Public Records Requests
Please note that ALL Public Records requests should be directed to the Office of the President. Requests may be emailed to PRA@csumb.edu, or mailed to:
California State University, Monterey BayOffice of the President
100 Campus Center
Seaside, California 93955-8000
The purpose of the California Public Records Act is to promote “access to information concerning the conduct of the people’s business which is a fundamental and necessary right of every person in this state.” Further, the California constitution makes clear that the public’s rights of access must be broadly construed and all exceptions narrowly construed.
There can be confusion about what constitutes a request under the Act. Obviously, something in writing that formally references the Act constitutes such a request. However, something less formal, which does not reference the Act constitutes a request. A Public Records Act request does not have to be in writing and may be made orally. However, for purposes of clarity, an individual should be asked to make the request in writing. When necessary, the record owner may be required to assist the requestor in making a focused and effective request that reasonably identifies a record or records.
Comments or feedback on this standard should be directed to The Office of the Chief Information Officer at (831) 582-4700.
Scope
All records maintained by the University are potentially subject to disclosure under this Act, including those in electronic and hard copy. There are numerous exceptions established by the Act and it is extremely important that records that are excluded from disclosure are not disclosed to the public.
A person who has been denied access to a public record may file a lawsuit to enforce his/her right to inspect or receive a copy of the public record. If the court finds that refusal to disclose the record was unjustified, the court may enter an order requiring its disclosure. The court may also order the University to pay reasonable attorneys’ fees and court costs.
To ensure that the University produces records in accordance with the Act and does not produce records that are excluded from disclosure under the Act, University procedures that comply with both the Act and CSU policy have been established.
Procedures
These procedures are provided in general terms as the appropriate University response may vary based on the request. The Office of the President will work closely with the records owner to ensure that the University response is made in accordance with the Act.
All requests for University Records requested under the California Public Records Act received by a University office or employee must promptly be forwarded to the Office of the President. Since the University has a legal obligation to acknowledge the request in writing within ten days from receipt, it is extremely important to avoid any delay in providing the request to the Office of the President.
The Office of the President will take necessary action to ensure that the University meets all legal requirements of the Act including, but not limited to:
- determining whether or not the records requested are subject to the Act
- providing written response to the requester within 10 days (see the note below)
- providing notice to the Office of General Counsel
- providing additional written notifications to the requestor as required by the Act.
Note: It is not necessary to provide the actual requested records within the ten-day initial response time. If records are available for disclosure, they must be made available for inspection or copying within a reasonable amount of time based on their volume and complexity.
When a determination has been made that the records requested are subject to the Act, the Office of the President will work with the records owner to produce and provide the record or to make the record available for inspection.
Roles and responsibilities
It is the responsibility of each CSUMB and CSUMB auxiliary employee to adhere to the Records Management Standard and to the supporting standards and procedures.
It is the responsibility of department heads to ensure that employees under their supervision comply with the Records Management Standard and with the supporting standards and procedures.
Revision control
This standard will be subject to revision in response to changes in technology, regulatory compliance, and/or CSUMB operational initiatives.