FAQ

What is the "Public Records Act?" 

The Public Records Act (“PRA”) is a California state law that gives the public the right to inspect and copy most records retained by governmental agencies in the course of business.   

The purpose of the PRA is to safeguard the accountability of government to the public. The PRA regulates the public's access to the records, and contains limited statutory circumstances when records need not be disclosed. The PRA is modeled on the federal Freedom of Information Act (FOIA) which is often relied on to construe the CPRA. 

The City’s role is to balance the public interests in transparency, privacy and effective government in response to records requests.    

What is a public record? 

A public record is any “writing” containing information relating to the conduct of the public’s business prepared, owned, used or retained by any public agency regardless of its physical form characteristics and regardless of the manner in which the record is or has been stored. The definition of “writing” under the PRA is not limited to handwritten or printed documents, and includes records in any media and any form of record-keeping instrument used by the City. 

Who can make a Public Records Act Request? 

Any member of the public can make a Public Records Act request.  A "member of the public" need not be a California resident or US citizen, and includes corporations, partnership, limited liability companies, as well as local agencies and their officials.   

Do I have to specify my reason for making a Public Records Act request? 

No. The PRA specifically provides every person a right to inspect or receive copies of any public record, subject to specified exceptions. 

Does a request for records have to be in writing? 

No. A request need not be in writing, and may be made verbally. Whenever a request is for voluminous or sensitive records, the City may request that it be submitted in writing to protect the requester and to assist the City in making a determination regarding disclosure. However, the City cannot mandate that all requests be in writing. PRA verbal requests can be made through the City Clerk’s office: 650-802-4222. 

What are the applicable fees? 

The PRA permits the City to charge a fee for the direct cost of duplicating a record when the requester is seeking a copy, as set forth in the City's Master Fee Schedule. The City may require an advance deposit of funds by the requestor if the information requested consists of voluminous copies of records. 

No payment can be required merely to look at a record where copies are not sought.  The City also may not charge for the staff time it takes to locate and produce the public record nor impose a fee for transferring files from an offsite records storage facility. 

When are records to be made available for inspection? 

Public records are open to inspection at all times during the office hours of the City. Any reasonably segregable portion of a record will be made available for inspection after deletion of the portions that are exempted by law. 

Are any records exempt from disclosure? 

Requested information may be exempt from disclosure either because it does not meet the definition of a public record or that there is a legal basis not to do so. Common exemptions include: (1) referendum, initiative and recall petitions; (2) preliminary drafts, notes or inter-agency memoranda; (3) personnel, medical or similar records; (3) records from active code enforcement matters; (4) litigation records; (5) utility customer records; (6) personal contact or financial information; and (7) information and communications covered by attorney-client privilege or the deliberative process privilege. 

Is the City required to create a document when responding to a California Public Records Request? 

No. The City has no duty to create a record that does not exist at the time of the request, nor does the City have a duty to reconstruct a record that was lawfully discarded prior to receipt of the request. If the request seeks information that is contained in several records, the City must make all of the responsive, non-exempt records available, but is not required to create a public record that summarizes or compiles the information requested. 

Can the time period to respond be extended? 

Yes, for unusual circumstances. The time to respond with a determination of whether the request seeks copies of disclosable documents may be extended by no more than 14 days. When the City makes the determination that the request seeks disclosable public records, the City will state the estimated date and time when the records will be made available. 

What constitutes "unusual circumstances" for extending the time to respond? 

"Unusual circumstances" include the need to search, collect records from other field facilities, review a voluminous amount of records, consult with another agency, compile data, or establish a program to extract data. 

I don't know what department to submit my PRA to? 

Submit general requests to City Clerk, they will review the request and submit to the correct City Department.

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General information  

  • Once you submit your request, you will receive email notifications regarding the status of your request. If you are not receiving the email notifications, check your spam/junk folder.   
  • You are not required to include a City department when submitting a request, however if you are aware of one or more departments that may have records for your request, you may list them in your request. City staff will assign the request to all applicable departments.   
  • Requesters’ information is not published on this portal; however, this information is public and may be released in response to a public records request.  

NOTE: It is not necessary to enter the same request multiple times for each applicable department. The City can assign one request to multiple departments.  

Records Available Online for Your Easy Access  

Records not maintained by the City of San Carlos   

The following are records not maintained by the City of San Carlos. You may contact the agencies identified below for these records:  

  Tips on submitting focused requests  

  • Be as specific as possible with the types of records that you are requesting.  
  • Provide a date range for the records you are seeking. For example, from January 1, 2025 to the date of the request.  
  • Don't include personal information, like your social security number in your public request.  
  • If you don't know the name of the record, describe the information you believe is contained in it.  
  • If you would like to include a document with your request you can upload it to the request after the request has been submitted.  

Anonymous Requests  

Providing contact information is optional when submitting a request. However, if you choose to remain anonymous, you will not receive updates, access documents online, or be able to track your request. To obtain records or check the status, you will need to contact the City Clerk’s Office directly.

Please note that if staff requires clarification and cannot reach you, your request may be closed without a response.