Laws governing access to state government records are referred to as public records acts, open records laws, or sunshine laws; or sometimes, as FOIA, FOIR, or even FOIL Laws, although typically FOIA applies to Federal government records. These public record act laws or PRA laws give the general public access to a wide variety of administrative records and materials. Access to these records is important for accountability and transparency of government, and the right of every person.
The key issues involved with making PRA, Open Records Act, or Sunshine law request at the state level are detailed in each state's statute. Generally, though, these laws will include:
It can take an agency several weeks provide an initial response to your request. Response times are part of a state's public record act. MuckRock has a charted out average response times by state to complete requests. It ranges from 30 days to several months.
There generally isn't time to submit PRA requests for a class project. Contact a librarian for other options.
When making a public records act request from state executive agencies or legislative bodies, you will want to familiarize yourself with the state's laws and any resources for making the request. While the processes are generally the same, each state can differ in their definition of what is record, what is exempted from PRA, etc.
The two guides listed below are good starting points. They outline statutes by state but also provide you with detailed information regarding the request process, response times, exemptions, potential issues you may face.
The following resources will help you identify appropriate state public record statutes.
Pay particular attention to the sections that define:
It is important to identify the agency, office, board, or commission that holds the records you are interested in, since that's the office you'll need to work with to make your request.
Some general tips for identifying the agency:
Before making a request, it is helpful but not required to check with agency to find out:
Not all records are kept State records retention schedules are typically managed by the State Archive. Staff from a state archive typically work with state agencies to create the record retention schedule.
Consult this list of Records Retention Schedules by State created by Brechner Center for Freedom of Information at the University of Florida to identify the database of retention schedules.
Example of a Retention Schedule obtained from Athena, California State Archives Record Retention Schedules Database :
Guidance varies on how general or detailed your request should be. Requests that are too broad or general (i.e. a fishing expedition) will probably not be successful. Steps 2 and 3 above will help you identify information to include in your request.
Things to include or keep in mind when drafting a letter:
The following sources provide more guidance and sample letters:
State public record statutes usually stipulate how many days an agency has to respond to your request. This is an initial response, not necessarily fulfillment of the request. Before submitting a request, make sure you check the state PRA statute for what the required response time is for a request. Review the Reporter's Committee Open Government Guide for the section on How Long to Wait, e.g. California How Long to Wait.
While you are waiting for a reply, you can begin to prepare for one of the following possible outcomes:
Possible outcomes: | Possible Strategies |
---|---|
No Reply | Follow up with agency by phone and email. |
Request fulfilled | Thank the agency and consider archiving the materials in the Stanford Digital Repository so others can make use of the content |
Request will take a long time to fulfill | |
Fees to fulfill the request | See the Fees section below. |
Request Denied |
When a state agency responds to your request, they may include a fee or charge to fulfill the request. In some cases it is a nominal charge to pay for the time and resources to generate the records you request. However, the agency may give you a hefty bill, in the thousands of dollars! There are ways to push back against that type of charge, one of which can include seeking legal counsel to assist with reviewing the statutes and rescoping your request.
These resources and readings provide guidance and solutions if an agency wants to charge for the records.
If your request is denied, review the PRA statute to find out if the state has an appeal process. Some states may not have an appeal process. California is such a state; the next step would be to sue the agency.
The resource below provide information and guidance on navigating a denied request.