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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