Request Mediation of your Public Records Request

What is a public record?

A public record is any writing or recording that has information about how the government does its work. This can include things like emails and other digital files. State and local laws give people the right to look at and get copies of public records, unless the records are private or secret. Some examples of private records include ones with personal details (like a Social Security number), records about a current investigation, or messages between a lawyer and their client. These private records may be partly covered up or not shared at all.

Who can ask for mediation?

Anyone who asked to see or copy public records and was told no, had to wait too long, or didn’t get everything they asked for can ask the Public Ethics Commission (PEC) to help solve the problem through mediation.

What does the mediation process look like?

The PEC is in charge of handling mediation. They try to start the mediation within 10 days after getting your request. However, because they are very busy, it might take longer than 10 days to begin. A mediator, who is a PEC Commissioner or staff member, will mostly talk to both sides by phone or email. Their goal is to help both sides agree and solve the problem. The mediator’s suggestions are not rules, so no one is forced to follow them.

What is the difference between filing a mediation request and filing a complaint?

The reason for asking for mediation is to get help from the PEC in getting records that you have a legal right to see. The reason for filing a complaint is to have the PEC’s Enforcement Unit look into whether someone may have broken the public records law. Filing a complaint does not always mean you will get the records you are asking for.

Do I have to participate in mediation before I can file a complaint or take legal action? 

Yes. If someone thinks their public records request was not answered completely or on time, they must try mediation first before they can file a complaint with the PEC or go to court.

How long does mediation take?

There is no set time limit for how long a mediation can last. Since the mediator can't make an agency hand over records, how long it takes depends on how much the agency cooperates. Some mediations are finished in just a few weeks, but others can take longer.

Can I end the mediation myself?

Yes, you can stop the mediation process at any time. After that, you can file a complaint with the PEC or go to court. But if you end the mediation, the PEC will stop trying to help you get the records you asked for. If you want to cancel your mediation request, please let the PEC staff know in writing.

What if the mediation is unsuccessful?

If the mediator can’t solve the problem and decides that more meetings won’t help, they will let both sides know that the mediation is ending and explain the reason why. A final report about the mediation will be given to the Public Ethics Commission (PEC) at their next public meeting. You’ll be told about this report before the meeting and will have a chance to speak at the meeting if you want. After that, you can file a complaint with the PEC to look into possible violations of local public records laws, or you can go to court. Please note: the PEC cannot give fines for breaking Sunshine laws.

Where can I find more information?

See the Oakland Sunshine Ordinance (Oakland Municipal Code Chapter 2.20), or contact the PEC with any questions you may have about mediation.