FAQs

What is the Public Records Act and what are Public Records?


The California Public Records Act (Government Code Sections 7920.000-7931.000) is designed to give the public access to information in possession of public agencies. Public records are open to inspection at all times at no charge. Persons wishing to inspect City of Montclair public records may do so during regular office hours (Monday through Thursday, 7:00 a.m. to 6:00 p.m.). Every person has a right to receive an exact copy of an identifiable record unless impracticable. Specific exemptions to disclosure are listed in Sections 7920.000-7931.000 of the Government Code.


"Records" include all forms of communication related to public business "regardless of physical form or characteristics, including any writing, picture, sound, or symbol; whether paper, fiber, magnetic, or other media." Electronic records are included, but software may be exempt.


Who can submit a Public Records Request?


Public records are open to inspection at all times during the City's business hours. Every person has a right to inspect any public record, except for non-disclosable records per Govt. Code Section 7922.525.



What kind of records are exempt from disclosure?


The right of access to public records under the Public Records Act (PRA) is not unlimited; it does not extend to records that are exempt from disclosure. The PRA’s fundamental precept is that governmental records shall be disclosed to the public upon request, unless there is a legal basis not to do so.


Some examples of exemptions:



  • Draft documents that are NOT retained in the ordinary course of business, if the public interest in withholding clearly outweighs the public interest in disclosure. (Govt. Code Section 7927.500)
  • Records prepared for pending litigation (Govt. Code Section 7927.700)
  • Personnel files (Govt. Code Section 7927.700)
  • Law enforcement investigation files [with certain required disclosures] (Govt. Code Sections 7923.600-7923.625 )
  • Personal financial data on applications for permits or licenses (Govt. Code Section 7925.005).

What if I no longer need the requested document?


Please log into your account and send a message notifying the City you no longer need the requested document. You may alternatively call the City Clerk's Office at (909) 625-9416 to advise us that you would like to cancel the request.


Do I have to give a reason for my request?


No, but providing a reason will help staff to understand the scope of your request. Requests should include a clear and specific description of the information; the more specific you are with the information you are requesting, the more responsive we may be to your request. Whenever possible, please provide dates, subjects, titles, and the types of documents you are requesting. Please include your name, address, and a telephone number or email address at which you can be reached.


When will I receive a response to my Public Records Request?


In most instances, unless documents are archived or need to be gathered, copies may be provided upon request. If that is not possible, the City has 10 days to respond to a request. After making your request, you will receive a response from the City within 10 days beginning with the business day the City receives your request.* If additional time is necessary, you will be notified in writing. The maximum amount of additional time allowed for a determination pursuant to the PRA is 14 days.


*The City's business hours are Monday through Thursday, from 7:00 a.m. to 6:00 p.m., so requests submitted between 6:00 p.m. Thursday and 11:59 p.m. Sunday will be counted as received on the following Monday.


How do I access my request once I’ve submitted it?


You will need to create an account with a password once you have submitted a public records request. If you are having trouble accessing your request, please call the City Clerk's Office at (909) 625-9416.


What fees are involved in making a Public Records Request?


All document duplication fees and other applicable fees are due and payable in full and are based on the City of Montclair’s current Master User Fee Schedule.


Who should I contact if I have questions about a specific document?


Contact the department that provided the document, or call the City Clerk’s Office at (909) 625-9416 for assistance.