City of Gilroy v. Superior Court (S282937)
This case raises the question of whether the California Public Records Act requires public agencies to retain records for three years that are withheld in response to a records request in the event the requester eventually seeks judicial review. CSAC’s brief, drafted by its Litigation Counsel Jennifer Henning, argues that the Public Records Act is not a retention statute and does not itself create a requirement to retain records. The brief also argues that if the Court determines the Public Records Act implicitly requires records to be retained, that requirement is subject to the “rule of reason” and not the three year retention period argued by the records requester here.