Public Records

As of January 1, 2012, the California Public Records Act (CPRA) provides that members of the general public may request an auxiliary to disclose its “public records.”

Any employee of the Cal Poly Corporation who receives a request for public records, written or otherwise, is to immediately forward the request to the attention of the corporation associate executive director of administration and legal affairs. Once a request is received in the office of the associate executive director of administration and legal affairs, that office will coordinate with appropriate departments to ensure timely and legal responses to these requests. Cal Poly Corporation, as an auxiliary of a California State University campus, has a legal obligation to respond within ten (10) days of receipt of the request.

It is important to note that public records requests may not always be formalized in writing. Informal requests may constitute requests under the CPRA and require a response in the same manner as those submitted in formal format, i.e., some form of writing. Questions regarding how to handle public records requests are to be directed to the associate executive director of administration and legal affairs

If you want to make a public records request to Cal Poly Corporation, which includes Campus Dining and the University Store, please send your request to:

Many records are already available on the Cal Poly Corporation website for free at www.calpolycorporation.org

A QUICK PRIMER- PLEASE LOOK TO THE CALIFORNIA PUBLIC RECORDS ACT FOR THE FULL EXTENT OF THE LAW- CALIFORNIA GOVERNMENT CODE SECTIONS 6250 ET SEQ.

GENERAL DEFINITIONS

  • A. “Public records” include “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.” [Government Code § 6252(e)]
  • “Writing” includes “…any handwriting, typewriting, printing, photostatting, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.” [Government Code § 6252(f)]

EXEMPT RECORDS- NOT ALL RECORDS ARE CONSIDERED “PUBLIC”

  • Preliminary drafts, notes, or memoranda not retained in the ordinary course of business, when the public interest in withholding clearly outweighs the public interest in disclosure. [Government Code § 6254(a)]
  • Records pertaining to pending litigation to which the CSU is a party until the litigation has been finally adjudicated or otherwise dismissed. (Government Code § 6254(b)]
  • Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy. [Government Code § 6254(c)]
  • Records exempted or prohibited from disclosure by federal or state law, including the law of privilege. [Government Code § 6254(k)]
  • Any record, where the public interest served by withholding clearly outweighs the public interest to be served by disclosure. [Government Code § 6255]