BB&K Webinar Feb 18, 2021
2021 Public Records Act Legislative Update
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Best Best & Krieger LLP’s ARC: Advanced Records Center combines legal know-how with cutting-edge technology to provide comprehensive and cost-effective support for records-related matters, including California Public Records Act request processing.
ARC allows public agencies to decrease the resources they dedicate to PRA requests. We solve the problem of staffing for surges in PRA requests by either supplementing your in-house staff or completely taking on the request. This service, which can expand or contract as quickly as your volume and complexity of PRA requests increase, provides your agency with greater process consistency and efficiency while lowering your litigation risk.
Public records requests have increased in recent years, and responding to them became even more time consuming and complex in the wake of the San Jose decision — which made communications on private devices subject the PRA.
How ARC Works
Several questions emerge when a PRA request arrives: What records are requested? Where are those records stored? How can we collect and produce the responsive records? What if the responsive records are on personal cell phones or email accounts? Can we do all of this within the next 10 days?
Here’s how ARC’s streamlined process helps answer these questions:
Since time is of the essence, the initial PRA request review can be the most important. BB&K’s ARC team are certified e-Discovery specialists with the experience to analyze requests and determine the records being sought.
Then, ARC team members work with the public agency’s staff, including the technology department, to identify and collect the records that are responsive to the request — even if those records are text messages, photos, videos or messages within personal email accounts. The ARC approach to document collection is consistent, thorough and completely documented.
After the records are transferred to BB&K, ARC team members use sophisticated software to create a search that quickly and efficiently drills down on the target records. This process brings huge cost and time savings, as it allows us to rapidly and accurately locate responsive documents at a fraction of the cost of some traditional e-discovery vendors.
The resulting records then go through a vigorous review process by experienced and trained personnel. If the review uncovers complex legal questions, an attorney will review and provide advice. The level of review can be modulated based on the clients’ needs and the complexity of the requests.
The records to be produced may include emails, text messages, word processing files, spreadsheets, databases, videos, photos, drawings, data from proprietary apps and voice mail messages. BB&K’s e-discovery skilled ARC team understands how different types of documents are impacted by processing and production formats and can oversee a seamless production — all within the timeframes permitted by the PRA.
PRA Policy Drafting, Training and Advice
The ARC team drafts PRA policies and procedures that public agencies can put in place for all staff assigned with processing PRA requests. In addition, BB&K has developed a PRA training course that prepares public agency clients to respond to PRA requests. This interactive training helps public employees distinguish personal and public records, focusing on the factors that the Court provided in City of San Jose.
The ARC team also provides legal advice on how to navigate the ever-changing laws related to e-discovery. With the emergence of new technologies, we regularly advise clients regarding the use of public and private electronic devices, and the public’s right to access information, including electronic communications.
For more than a century, BB&K has partnered with public agencies to provide clear and accurate legal guidance, especially in areas where the law is novel and evolving — such as the PRA. Now, by providing this full-service approach to PRA requests and other records-related matters, BB&K steps up again to help clients streamline the process and avoid costly pitfalls.
Contact your BB&K attorney or paralegal, or email us at ARC@bbklaw.com, for more information or to schedule your PRA Assessment.
Full-Service Public Records Act Response, Training and Advice
Helping Public Agencies Prepare and Respond
How BB&K's ARC Helps
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