I too would like to hear the County's response to Tim Phillis' questions about PRA requests

Tim Phillis, who I spoke to years ago, was involved in litigation with the County. I just sent him an email asking if that litigation is ongoing.

I also asked him in the future to include the County's response as is, not his summary of the County's response.

In general, PRA requests to Humboldt County or City of Eureka can be frustrating, sometimes, and you still don't get what you request. This is a nationwide problem and includes media. 

The CAO, County PIO and Board of Supervisors have been contacted for comment.

Listed below is an email he sent to the Humboldt County CAO and Board of Supervisors. 

To The County of Humboldt,

I requested copies of documents under the California Public Records Act(PRA) from the Humboldt County Recorders Office on February 17, 2021,(request #21-152). 

Tim Phillis says, "The general response from Humboldt County is as follows:"

Documents recorded or filed in the Humboldt County Clerk Recorder's Office are public record, but the Clerk Recorder staff are not permitted to perform searches of the record or give information from the records either by phone or by email.

However, any member of the public may access the online index through our Self-Service Web portal located within the Clerk Recorder website at https://humboldtgov.org/1992/Self-Service-Web, or by going to Humboldtgov.org and navigating to Self-Service Web.  Official records are indexed from 1979 to present.

You may purchase copies any of the following ways:

Purchase, download, and print the document using a credit card for an immediate copy through the Self-Service Web. (documents from 04/09/1999 to present)

Request a copy by mail by providing the specific recorder’s serial number or book and page of the document you would like a copy, your return address, and a check or money order made payable to Humboldt County Recorder. The fee for official record copies is $2 for the first page and $1 each additional page. 

From Tim Phillis:

The PRA under California Government Code subsection 6253.9(a) requires an agency to transmit copies in electronic format if available. Also there is no need for additional software as the documents are already in electronic form at the Recorders Office. 

Please explain why the Counties response to my request for copies of a public record states that the Recorders Office(which is a county agency in control of public records) is not required to comply with the PRA.

The request is not to search but instead a request to provide copies. The Self-Service-Web that indexes the documents by number is free to search  for document numbers. 

The sentence that states “ Purchase, download, and print the document using a credit card for an immediate copy through the Self-Service-Web.” shows that indeed documents can be delivered via email, this is indicated by clicking on the cart in the righthand corner.

Also please explain how the fees listed above are in compliance with the PRA if the records are requested by using the PRA.(North County Parents Organization vs. Department of Education(1994) [23 Cal. App. 4th 148]) If a person does not request the documents under the PRA they will be subject to the inflated fee, however if documents are PRA requested at the office, the fee should be in compliance with the North County ruling.   

I’m sure the County would like to comply with the Public Records Act regarding the delivery of, and costs associated with copies of acknowledged public records by electronically sending the requested copies.

As of February 26, 2021 PRA request #21-152 is not complete and therefore not closed until the request is complied with or the requested information is shown to be “exempt” from the Public Records Act.

A response to this email is requested in a timely manner as the time limits of the PRA apply.

Thank you,

PRA Requester