PUBLIC RECORDS REQUEST APPEALS
The California Public Records Act (CPRA) and the City of San Jose Ordinance No. 29460 provide for public access to state and local government records and information with some exceptions. Those exceptions include:
- Records relating to pending litigation;
- Attorney-client privilege;
- Personnel records, medical information, or other records the disclosure of which would constitute an unwarranted invasion of personal privacy;
- Corporate financial and proprietary information, including trade secrets;
- Records protected by State or Federal law; and
- Records for which the public interest in non-disclosure clearly outweighs the public interest in disclosure.
Requests for records falling into these categories may be withheld from disclosure by the City. Records containing a mix of information that must be disclosed and information that is exempt from disclosure must be redacted or otherwise segregated so that the nonexempt portion of requested public information may be made available. City staff who withhold records from disclosure must provide a written justification for the withholding, including citations of applicable statutes.
Requestors who believe that records have been inappropriately withheld from disclosure by a City department may resort to the City’s appeal process for public records requests. A requestor has a number of options available as follows:
- The requester may appeal to the City’s Open Government Manager.
- The requester may appeal to the Rules and Open Government Committee either before or after an appeal to the City’s Open Government Manager by submitting a complaint to the Office of the City Clerk.
- The requester is dissatisfied with the response from the Rules and Open Government Committee, he or she may submit a complaint to the Ethics Commission or directly to the City Council by submitting an appeal to the Office of the City Clerk.
- If the response of the Ethics Commission is unacceptable, the requester may appeal to the City Council by submitting an appeal to the Office of the City Clerk.
- At any time, the requester may file a complaint with the Santa Clara County Superior Court as set forth in the Public Records Act.
Open Government Manager
200 E. Santa Clara Street, 17th Floor San Jose, CA 95113
Phone: (408) 535-8120
Office of the City Clerk
200 E. Santa Clara Street, 14th Floor San Jose, CA 95113
Phone: (408) 535-1260