More on Requesting Public Records:

How not to take no for an answer
Andrew Edwards, Staff Writer
Article Launched: 03/16/2007 12:00:00 AM PDT

Don't give up.
Just because your public-records request was denied doesn't mean the information that you're trying to uncover will be forever hidden under a mass of red tape.
And you don't necessarily have to haul a bunch of bureaucrats into court to get what you're after.

When faced with a denial, you may not need to hire a lawyer to obtain information. On the other hand, sometimes spoken words aren't enough to produce government documents.

If an attempt to obtain public documents through a verbal request doesn't work, a denial can be countered with a written request for the same information.

Terry Francke, general counsel for Californians Aware, and Peter Scheer, executive director of the California First Amendment Coalition, both remarked that a written request, unlike one that's merely spoken, requires a government body to tell the person seeking information the legal reasons why that information can't be released if officials choose to keep the requested information under wraps.

By requiring a government agency to go on record as to why officials believe information should be kept out of the public eye, whoever submitted that request has a way to double-check whether the agency's reason for denying a request is legitimate.

"If they're (officials) incorrect, then it's possible that we or someone else could ask them for a reconsideration," Francke said.

Scheer suggested another tactic for people using written requests to get information. For example, if someone's trying to get information released from City Hall, the requester can file a written request with the City Clerk's Office and send a copy of that document to the city attorney. That way, the city's legal counsel knows that someone trying to access public records means business.

"If you're right that you're entitled to these records and the agency's wrong, then one of the people who will want you to get the records or at least see you go away happy is the lawyer," Scheer said.

Scheer went on to explain that an attorney for a public agency can sometimes be expected to assist someone who is seeking records that California law requires be public. By correcting a bureaucratic mistake, an attorney can avert a lawsuit if someone seeking records is willing to take their case to the courts.

Francke and Scheer agreed that the judiciary is not the only recourse for someone whose legitimate public-records request has been denied. If government employees fail to comply with public-records laws, a person seeking public records can contact elected officials and let their representatives know that government isn't working the way it's supposed to.

"Never ignore, or discount, or eliminate, a political appeal," Francke said. "This is what politics is for. Good politics is to take it to the elected people who supposedly represent the will of the people."

As Scheer put it, a requester can play hardball without having to visit their local courthouse.
"The strategy is to put on as much pressure as you can with the implied threat of legal action or political pressure," he said.

Nevertheless, having a public-records request denied is not an excuse for being rude, both Francke and Scheer said.
"Coming on in an officious manner, `I'm a taxpayer - you work for me,' that's never going to work," Francke said.

Request denied? Here's what to do

If your verbal public-records request is denied, no need to stop there.
Ask in writing. Then the legal reasons for the denial have to be explained.
Send your request to the agency's attorney. If the denial was improper, the attorney will want it corrected without a lawsuit.
Don't be afraid to report a "no" to elected officials.

Be polite.

Added NOTE:

Keep records of all conversations, letters and communication. This is called evidence of Administrative Remedy being taken, and IF you have to go to court, it will show you tried and existed all avenues available to you.