HomeMy WebLinkAboutCouncil Policy No. 100-10 - Public Records Access
CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Public Records Access Policy No. 100-10
Effective Date: 5/18/93
Revised: 9/12/06
Page No. 1 of 3
BACKGROUND
The California Public Records Act (Government Code Sections 6250 et seq.) and certain
other laws govern the right to inspect public records. The City desires to clarify certain
matters with respect to the provision of public records in accordance with the California
Public Records Act and other applicable laws.
PURPOSE
To ensure prompt and appropriate response to all Public Records Act requests.
POLICY
The City and its personnel shall at all times comply with the California Public Records
Act and all other applicable state and federal laws, as such laws may from time to time be
amended, with respect to public records. Nothing set forth in this Policy No. 100-10 is
intended to supersede or contradict any applicable state or federal law, and, in the event
of a conflict between any such law and this Policy, the applicable state or federal law
shall supersede the provisions of this policy. Any terms not defined herein, such as
“public record,” shall have the meaning set forth in the California Public Records Act or
other applicable law.
Except as otherwise required by law or Resolution of the City Council, copies of public
records are available from the City Clerk’s Office and other departments to the public at a
rate of $.25 per page.
The City Clerk’s office shall in all cases move as expeditiously as possible in the
gathering of records and shall interpret the right of the public’s immediate access to
records as broadly as possible in all requests. To facilitate a prompt and appropriate
response, all public record requests shall be processed as follows:
1. Any employee or officer receiving a written public records request shall, on the
day of receipt, deliver a copy of the request to the City Clerk.
CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Public Records Access Policy No. 100-10
Page No. 2 of 3
2. Any employee or officer receiving a verbal request should ask the requester to
confirm the request in writing on such form as provided by the City Clerk and, if the
requester declines, complete the written request form.
3. Requests for public records must sufficiently describe the records sought so that
identification, location and retrieval can be accomplished. When a request to
inspect/copy a public record is received, and the request does not describe a reasonably
identifiable record, employees are encouraged to assist the requesting party as necessary
to identify the records they are seeking.
4. The City Clerk shall respond to the public record requests request within ten (10)
calendar days after the request is received unless "unusual circumstances", as defined in
the public record requests, require additional time. The City's response shall contain, or
be accompanied by, direction to the Department Director(s) specifying the records to be
duplicated and in the case of electronic records, the format of the records to be disclosed.
5. Once a request is made to inspect a public record and the records identified are
located in the electronic communication system, the City officer or employee having
control of the electronic communication shall use his/her best efforts, to temporarily
preserve the record until it is determined if the record is subject to preservation, public
inspection, or production.
6. As necessary and appropriate, the City Clerk will refer public records requests to
the City Attorney to evaluate the request and recommend an appropriate response.
7. The City Clerk and any other City employee is, after review by the City Attorney,
authorized not to disclose records pursuant to a public records request when (a) the
request does not reasonably describe an identifiable record after making a reasonable
effort to elicit additional clarifying information to help identify the record(s); (b) the
request would require that the City compile data, perform research or create new records
not currently in existence; (c) the request seeks records which are privileged or exempt
from disclosure; or (d) the request seeks records which are not reasonably segregable
from records which are exempt from disclosure.
Pursuant to Council Policy No. 100-6, the City Clerk or his or her designee will, to the
extent practicable, prepare a CD-ROM for each Council Meeting containing all agenda
information, the audio recording of the meeting, and a copy of the minutes of the
meeting. All Council meeting CD-ROMs shall be available on-line and at the local
CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Public Records Access Policy No. 100-10
Page No. 3 of 3
library for public use at no cost. Until such time as the City Clerk has access to the
technology necessary to fulfill this directive, tape recordings City Council meetings shall
maintained by the City Clerk and available to the public for four years.
City Councilmembers, Planning Commissioners and members of the Public Safety
Commission receive a full set of agenda materials on every issue presented for
consideration to their respective agencies. Additional copies of documents can be
obtained; provided, however, the cost of additional copies will be borne by the
Councilmember or Commissioner.
HISTORY
Adopted by Minute Action 05/18/93
Amended by Resolution No. 2006-152 9/12/06