CHRB Flouts Public Records Act

I spoke with Susan Ross, CHRB Public Records Officer, this afternoon to get more specifics regarding the denial of my California Public Records Act (CPRA) request. In contrast to the professionalism I have always enjoyed when speaking with Mike Marten, Public Information Officer, and Wendy Voss, Assistant Chief of Administration, Ms. Ross was challenged in this regard.

There are certain exemptions in CPRA, one of which is personnel matters. However, this exemption does not apply when there have been allegations of wrong doing that are well founded, but would continue to apply if those allegations were trivial.

When I asked whether the reason for this denial was a matter of there not being any allegations or that the allegations were trivial, she wouldn't reveal anything other than the broken record mantra that "everything in the personnel file is exempt." She made the assertion a number of times as I reworded my questions. When I then asked point blank "were there any allegations of wrong doing" she said, after a long pause, "I'm not going to answer that.....and all public records requests must be in writing." Of course this is not true, but there was no need to labor the point now.

Then the plot thickened. I also wanted to get a copy of their CAFR (Comprehensive Annual Financial Report), which many agencies post on their website and is a commonly requested document, particularly by bond investors. The report is certainly not exempt. So while I'm saying, "OK, then I'd like to get a copy of your...", she interrupts "Every request must be in writing." Now it's important, so I correct her and say, "CPRA requests do not have to be in writing. Are you aware of that?" Ms. Ross was resolute: "I'm not going to argue with you. All requests must be in writing. I'm going to hang up now." And she hung up on me. It was both frustrating and somehow rewarding. As if I, a wee blogger, am actually a threat.

For the fact checkers among my now double digit readership, allow me to quote liberally from the Open Government Guide, section V.A.2.(a):

A request must "reasonably describe an identifiable record" to be produced. Cal. Gov't Code § 6253(b). Such a request may be made orally. Los Angeles Times v. Alameda Corridor Transp. Authority, 88 Cal. App. 4th 1381, 107 Cal. Rptr. 2d 29 (2001)(CPRA does not require that requests for public records be in writing). However, if the request is in writing, then a written response is required. Cal. Gov't Code § 6255(b). Therefore, if a denial is anticipated or it is anticipated that the agency may drag its heels, the better practice is to make the request in writing, signed and dated by the person requesting the record, and to retain a copy. Otherwise, routine requests can be and should be made orally.

Update: Many fact checkers have contacted me asking that I disambiguate Susan Ross of the CHRB with Susan Biddle Ross.