Public records

Please direct requests for public records to one of the following points of contact: 

Email: info@bcdc.ca.gov 

US Mail: 

San Francisco Bay Conservation and Development Commission 
Public Records Act Request 
375 Beale St., Suite 510 
San Francisco, CA 94105 

The Commission strongly encourages, but does not require, requests for records to be made in writing. Written requests help BCDC respond to the requests and correctly identify the records requested. When requests are made orally, BCDC staff may confirm the request in writing to ensure they have correctly understood the request.  

To help BCDC provide records promptly, requesters should provide specific information about the records they seek. Whenever possible, and as applicable, a request should: 

• State that it is a request under the PRA; 

• Describe the subject matter of the requested records; 

• Identify the street address, city or county, and/or BCDC permit number or enforcement case number to which the request relates, if known; 

• Include document titles, authors, and any other known information about the requested records; 

• Identify specific dates or a date range of the requested records; and 

• Include the contact information (telephone number or email address) of the requester where staff may direct clarifying questions. 

Requests for records must be specific and focused. Vague or overbroad requests (e.g., requests that require BCDC to provide a huge volume of records or search an enormous volume of records for a “needle in the haystack”) may be considered unduly burdensome. Unduly burdensome requests may delay BCDC’s response, result in a larger volume of records than the requester intended, or prevent BCDC from providing responsive records.  

BCDC will disclose any responsive records that can be located with reasonable effort, provided such records are not otherwise exempt from disclosure (see below).

There is no fee for inspecting public records in person at BCDC’s office. However, BCDC may charge the direct cost of duplication when it provides copies of records to the public. The direct cost of duplication includes the cost of the equipment used to duplicate the record and the staff time required to duplicate the record. Direct cost does not include the staff’s time to retrieve, review, redact, and mail the record. 

For black and white copies of standard-sized paper (i.e., 8 ½” X 11” or 8 ½” X 14”), the direct cost of duplication is 10 cents ($0.10) per page. Higher direct costs may be charged for color copies and to duplicate over-sized documents such as large architectural drawings, site plans, or maps. If BCDC staff sends a request for copies of over-sized documents or a large number of records to an offsite vendor, duplication costs will be charged at the vendor’s actual service rate. If records are sent to an offsite vendor, BCDC will instruct the requester to make arrangements to pay the offsite vendor directly. 

When requests are made for copies of records maintained in an electronic format, BCDC may charge an amount sufficient to cover the cost of the media used to produce the records (e.g., a USB) and the staff time spent duplicating the records. Additionally, if the request would require data compilation, extraction, or programming to produce responsive records, BCDC may require the requester to bear the full cost of producing the records, not just the direct cost of duplication.

In most cases, BCDC will notify the requester within 10 days from receipt of the request whether BCDC possesses disclosable public records responsive to the request. In unusual circumstances, the 10-day time limit may be extended up to 14 additional days by written notice to the requester identifying the need for the time extension.  

In its response, the Commission will advise the requestor of: (1) the location, date, and time at which the requested records may be inspected, if the request is to inspect records, or the approximate timing for providing copies of records, if the request is to obtain such copies; (2) if copies of records are requested, the cost of providing such copies; and/or, (3) the category(ies) of requested records that are not subject to disclosure pursuant to applicable provisions of the PRA (see below). A determination to deny a written request, in whole or part, will be made in writing. 

Sometimes, BCDC will be able to provide records at the time the determination is made to disclose them. 

In every case, records will be made available only after payment of any applicable fees.

Public records maintained by the Commission are available for inspection during BCDC’s regular business hours (Monday through Friday, excluding state holidays). Members of the public are not required to give notice to inspect public records during those hours. However, we strongly encourage making an appointment by phone or email in case the request requires BCDC staff to retrieve, review, or redact records, or if BCDC staff needs sufficient time to review files to separate records that will be disclosed from records that are exempt from disclosure. Inspecting public records is subject to a rule of reason as to time and duration, and must be consistent with the efficient functioning of Commission offices. 

To prevent records from being lost, damaged, or destroyed during an inspection, BCDC staff will determine the location of and monitor the inspection. 

In addition to the public’s right to access public records, California law recognizes both an individual’s right to privacy and the need for state agencies to be able to competently perform their duties. To protect those interests, the Legislature has identified in the PRA, and other statutes, certain records and information that are exempt from public disclosure. These exemptions are listed in the PRA, including Government Code section 7920.505, and in other applicable statutes as cross-referenced in those sections of the PRA, and should be consulted by anyone interested in seeing the full text of these exemptions. 

Below is a summary of several of the most common exemptions: 

• Preliminary drafts, notes, or inter-agency or intra-agency memoranda that are not retained by BCDC in the ordinary course of business, if the public interest in withholding those records clearly outweighs the public interest in disclosure; 

• Records pertaining to pending litigation to which the Commission is a party, or to certain claims made against the Commission, until such litigation or claim has been finally adjudicated or otherwise settled; 

• Personnel, medical, or similar files, the disclosure of which could constitute an unwarranted invasion of personal privacy; 

• Records relating to investigations conducted by the Commission; 

• Records that are privileged under the California Evidence Code, including but not limited to attorney-client communications and attorney work-product; 

• Any records for which disclosure is exempted or prohibited by federal or state law; and 

• Correspondence from or to the Governor or the Governor’s Office. 

The PRA also permits BCDC to withhold records if BCDC determines that the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure.