Obtaining campus police records

Q: Are the campus police records of California public colleges and universities open under the public records act? Can requests be submitted through mail?

I am interested in incident records of campus police reports on riots at certain state colleges and universities.

A: It appears that the various public universities and colleges in California are all subject to the Public Records Act. What follows are authorities addressing that issue for each category of institution:

(1) University of California: In AFSCME v. Regents, 80 Cal. App. 3d 913 (1978) and Coalition of University Employees v. Regents, 2003 WL 22717384 (Super. Ct. Ala. Cty 2003), the courts assume w/out discussion that the University of California is subject to the PRA.

(2) California State University: In California State University v. Superior Court, 90 Cal. App. 4th 810, 830 (2001), the court assumes w/out discussing that California State University , Fresno is a state agency ("we presume the University does not challenge its status as a state agency.")

(3) California Community Colleges: A Community College District is a "local agency" for the purposes of the California Public Records Act. See Gov't Code § 54951; 75 Ops. Cal Att'y Gen. 143; 66 Ops. Cal. Att'y Gen. 252 (1983).

That said, you should be aware that the Public Records Act includes an exemption for investigatory records that is quite broad and often used to deny access to police reports. See Gov. Code sec. 6254.7. This provision does require, however, that the agency provide basic information about an incident even if it does not provide the actual report. You can review the text of the provision on CFAC's website at cfac.org. You will also find a sample Public Records Act request letter there which you are welcome to use as a model for your request. You may submit your request through the mail or in person (in writing or orally); the Act does not restrict the method of submission.