Item 20 - Policy for Public Inspection & Copying of Records AGENDA0EPORT SUMMARY
TO: Honorable Mayor and Members of the City Council
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FROM James L. Bowersox, City Man. =
INITIATED BY Marjorie K. Wahlsten, City Clerk .
DATE: May 11, 1993
SUBJECT: Policy for Public Inspection & Copying of Records
ABSTRACT
There is currently no written policy stating how staff is to respond to requests from
the public for the inspection and copying of public records. Time frames and types of
records that are or are not public is set forth in State law and the city is permitted
to adopt reasonable guidelines stating the procedures to be followed when making the
records available. Staff has prepared a written policy for Council adoption to assist
staff.
ENVIRONMENTAL REVIEW
None required.
FISCAL.IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None
RECOMMENDATION
It is recommended that the City Council adopt the attached Policy for Public Inspection
and Copying of Records and direct staff to distribute to the appropriate employees.
ACTION Approved staff recommendation. $ 7`,
Marie Lofton, Depu p y City
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CITY OF . POWAY _. _c
AGENDA REPORT
This report is included on the Consent Calendar: There will be no separate discussion of the report prior to approval by the City.Council
unless members of the Council, staff or public request it to be removed from the Consent Calendar and discussed separately. If you wish
to have this report pulled for discussion, please fill out a slip indicating the report number and give it to the City Clerk prior to the
beginning of the City Council meeting.
TO: Honorable .Mayor and Members of the City Council
FROM: James L. Bowersox,- City ManalF.
INITIATED BY: Marjorie K. Wahlsten, City Clerk
DATE: May 11, 1993
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SUBJECT: Policy for Public Inspection & Copying of Records
BACKGROUND •
The City -maintains records created in the. course of business, the majority of
which are public records acid available to the public. The State Legislature •
has adopted various regulations, including some exceptions to this policy and
they are set .forth primarily:in the -Government Code. City staff has always
operated under provisions of the Code, as guided by the City Attorney, but,
except for written memos from the `Attorney on various subjects, there is
nothing comprehensive in writing for staff to refer to. The Government Code
sets forth timelines that must be ;followed in responding to requests and gives
a list -of exemptions such as initiative petitions, computer software,
preliminary drafts, personnel files, real estate appraisals before the
property is acquired, etc. It would be beneficial for employees to have these
regulations in .a form that could be easily referred to at the counter. In
• addition, it serves as a positive statement that it is the City's intent to
strictly adhere to the policy of providing records according to state law.
FINDINGS
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1 . The public - has a right to inspect and receive copies of various City
documents. A fee for t_he. cost of producing copies may be established by
the City Council .
2. The Public Records Act permits the City to adopt reasonable guidelines
stating the procedures to. following when making records available.
3. Certain records are exempted from inspection.
4. If the request for records cannot be met or if the custodian of the
records is asking for an extension of time, the Government Code outlines
the procedures for -responding to the requestor. .
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5._ Having.,, a comprehensive written policy for City employees to follow would-
be .benefici:al for- the employees and the public. .
6. The City- Attorney has reviewed and approved the proposed policy.
'=ENVIRONMENTAL. REV'I EW
None required'.
FISCAL IMPACT, • -
Could save staff time in having a clear procedure for responding to requests.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE .
None.
. RECOMMENDATION • - .
It i.s recommended that the City Council adopt the Policy for Inspection & Copying'
• of Public Records, attached, and direct staff to distribute to the appropriate
employees.
JLB:MKW:mw
Attachment: Proposed Policy
MKW\C:\WP\AGENDA\RECDSPOL.RPT
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CITY OF POWAY
Policy Title: Inspection & Copying of Public Records
Responsible Division: City Clerk
Approved‘ By: City: Council Date Approved
I. Policy
It is the policy of the City of Poway to be responsive to
citizen requests for records in the most timely, and accurate
manner as stated in the Customer Bill of Rights,, while
strictly adhering to State law.
II. Purpose ,
As, stated in G.C. § 6250, " . . . mindful of the right of
individuals to privacy, . . . access to information concerning
the conduct of the people's business is a fundamental and
necessary right of _every person in this state. " There are
occasions when the request for records cannot be responded to
immediately because of its complexity or because the records
requested are exempt from disclosure. This policy clearly
states what records are exempt and :how staff shall respond.
III. .Definitions
"Person". includes any natural : person, corporation,
partnership, firm or association.
"Public Records" includes "any writing containing. information
relating to the conduct of the public's business prepared,
owned, used, or. retained by any state or local agency
regardless of physical. form or characteristics. " ,.
"Writing" means . handwriting,. typewriting, .. printing,
photostating., ' photographing, ' and every other means of
recording upon any form-.of communication or representation,
including. letters, words, pictures, sounds,', or. symbols, or
combination thereof, and' all papers, maps, magnetic or paper
tapes, photographic films and prints, magnetic or punched
cards, discs, drums, and other documents. '
"Member of the public" means any person, except .a member,
agent, officer,' or employee of a federal, state, or local
agency acting within the scope of his or her membership,.
agency', office, or employment. .
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Policy re Public Records
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IV. Procedures .
G.C. § 6253 provides that every agency may adopt regulations
stating the procedures to be followed when making its records
available so that inspection requests do not unduly disrupt
city business. Accordingly, the following regulations are
adopted:
1. Public records are open to inspection at all times during
the office hours of the City and every citizen has - a
right to inspect any public record, except as hereafter
provided. (G. C. §6253) .
2 . When a particular' document: . or -' a particular file
containing various documents ` (relating to a specific
subject) is requested, the person seeking disclosure must
provide sufficient information to. identify the document
or file sought. A person seeking disclosure may review
an identified file which contains several documents
relating to a particular project. -
3 . If a request for a record can be handled while the person
waits, and within a reasonable time without interrupting
work which has priority, it will be. If that is not the
case, a written request shall be obtained and the
requestor informed of the date and time the record will
be available, or that the requestor will be notified by
phone when it is ready.
4 . Circumstances may make it necessary at times to
temporarily delay providing a .requested record.
a. Those circumstances include, but are not limited
to: -
1) Records are required by city officials or
staff.
2) The space for inspection is occupied by other
members of the public.
3) There are valid reasons for fearing defacement
or other damage to the records and supervision
of inspection is impossible at that time.
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4) Someone is monopolizing. records to the
detriment of other members of the public who
wish to inspect them.
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5) Records which :may be subject to subpoena in
lawsuits against the City and must be
submitted to the City _ Attorney for review
before being released.
5. -If necessary, the City has .10 days after the receipt of
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a request to determine whether to. comply with a request .
to copy and shall immediately .notify the requestor of the
• decision. and its basis therefore. .An extension of not
more than 10' .days may be obtained in unusual
circumstances by sending written notice to the requestor •
setting forth the reasons for the extension. The unusual •
circumstances are limited to the .need to collect records
, from" remote ' sites, the need . to search, collect and
examine voluminous records demanded. in 'a single request,
and‘the need for consultation with- other-agencies with an
interest in -the matter or among two or more departments
of the City having substantial. subject matter interest
therein. G.C. § 6256 •.& 6257`. - •
• 6. If a record is withheld from inspection, such withholding •
..shall be justified by:
a.; Demonstrating that the record is exempt under a
statutory exemption; or
. b. That on the facts of the particular case, the
public -interest served by not making 'the ',record
public-clearly outweighs the public interest served '
• . by disclosure. (GC .§6255)
7 . Any notification of denial of :any request for records
shall set forth the names and titles- or positions of each
person responsible' for the denial. (G.C. §6256. 2)
8 . No one other than a member of City Staff shall be allowed
to remove a file or record from its filing location.
9 . No one, other than a member Of City Staff. with
- authorization from the person in charge of a requested
record, shall be allowed to remove a record -from City
• Hall.
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10.. Inspection of the requested document or file shall be
• conducted at the counter or at `a space specified by
staff. The requesting party shall not be allowed access
to the storage area.
11. If they have not been destroyed, requests to hear
electronic tape recordings of City Council meetings will
be honored at the earliest time work load will permit,
and will be supervised by a City employee. Copies of the
tape recordings can be provided for a fee established by
the City Council. As specified in Poway Municipal Code
Section 2 . 18 . 090, the tape recordings are used .by the
City Clerk to facilitate preparation of the minutes and
may be destroyed once the minutes are approved.
12_. 'City - staff has no obligation to create records,
reorganize records, or provide information in a form or
format„not already maintained as a public record.
13 . . Reports and statements filed pursuant to Political Reform
- Act are public records and open for public inspection and
reproduction during regular business hours, 'commencing no
later than 2 days following the day on- which received.
No conditions whatsoever shall be imposed upon persons
desiring to inspect or reproduce such records, nor shall
any information or identification be required from such
persons. Charges for copies shall not exceed 10 cents
per page-. A retrieval fee of $5. 00 per request (which
may include- more than one report) may be charged for
records 5 or more years old. G.C. § 81008 .
14 . Agendas and other public writings made available to City
Council are public records as soon as delivered to the
City Council .members. (G.C. § 54957 . 5)
15. Except with respect to records which are exempt from
disclosure, upon a request for a copy of records which
reasonably describes an identifiable record, and subject.
to the rules and regulations herein set out, the City
will make the records promptly available upon°payment' of
fees- established by statute or resolution.: 'I.f .records
contain exempt and nonexempt material, ` the '' exempt
portions portions may be deleted before copying. ' (GC. .§ 6257)
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Policy re Public Records
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16. An exact copy must be provided unless impracticable.
(G.C. § 6256)
17 . Public records stored in a computer will be disclosed in
a form determined by the City. (G.C. § 6256. )
V. Exemptions
The following records are exempt from disclosure:
1. Initiative, referendum and recall petitions and memoranda
relating to which registered voters have signed which
petition. (G. C. § 6253 . 5)
2 . Bilingual ballot or ballot pamphlet requests. (G.C. §
6253 . 6)
3 . Candidate statements until the deadline for filing the
statements has passed. (E.C. § 10012 . 7)
4 . Residence or mailing address in records of Department of
Housing and Community Development or Department of Motor
Vehicles. (G.C. § 6254 . 1)
5 . State employee home addresses and phone numbers. (G.C. §
6354 . 30) (No similar city employee exemption, but may
arguably be included in § 6254 (c) . See paragraph 12 . )
6. Computer software developed by an agency. (G.C. § 6254 . 9)
7 . Archeological site information. (G.C. § 6254 . 10)
8 . City Attorney "Brown Act" memo regarding pending
litigation. (G.C. § 6254 . 25)
9 . The names of private industry employers providing salary
information for labor negotiations or salary setting in
certain cases. (G.C. § 6254 . 6)
10. Preliminary drafts, notes, or interagency or intra-agency
memoranda not retained in the ordinary course of business
if public interest in withholding those records clearly
outweighs public interest in disclosure. (G.C. § 6254)
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City of Poway
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Policy re Public Records
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11. Records pertaining to pending litigation - to which the
City is a party, or to claims made pursuant to Division
3 . 6 (commencing • with :Section 810) , .until the pending
• .- litigation or claim has- been finally adjudicated or
otherwise settled. (G.C.§ 6254)
12 . Personnel, medical, orsimilar files, the disclosure : of
which would constitute an unwarranted invasion of
personal privacy. (G.C.§ 6254)
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13 . Information relating-to geological and geophysical data,
plant production data, and similar information ..relating
to utility systems . development, or market or crop
. reports, which are obtained in confidence from any
person. (G.C. § 6254)
- 14 . Records of complaints, . investigations, intelligence
information or security procedures, for law enforcement or .
licensing. (This is a highly ,detailed exemption and
provides for mandatory disclosure of certain •
information. ) (G.C-. § 6254)
15. Test questions, scoring keys, and other examination data
used to administer a licensing examination-or examination
for employment.: (G.C. § 6254)
16. Real estate appraisals or engineering . or feasibility
estimates relative to the acquisition of property, or.to
prospective public:. supply and construction contracts,
until all of the property has been acquired or all of the
contract agreements obtained. . However, the law of
eminent domain shall not be affected by this provision.
(G.C. § 6254)
17 . Information required from any taxpayer in connection with
the collection of local taxes which is received in •
confidence and the disclosure of the information to other
persons would result in unfair competitive disadvantage
to ,the person supplying .the .informat.ion. (G.C. § 6254)
18 . Certain library- circulation records, but not records. of
fines. (G.C. § 6254)
19 . Records the disclosure of which is exempted or prohibited
pursuant to provisions . of federal or state law,
including, but-not-limited to, provisions of the Evidence
• Code relating to privilege. (G.C.§ 6254)
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20. Statements of personal worth or personal financial data
required by licensing agencies to establish
qualifications for license, certificate, or permit.
applied for. (G.C. §. 6254)
21. Information contained in applications for licenses to
carry concealed weapons which indicates when or where the
applicant is vulnerable to. .attack or concerning the
applicant's medical or psychological history or that of
his or her family. (G.C.§ 6254)
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