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HomeMy WebLinkAboutPUBLIC RECORDS - DRAFT ONLY City of Santa Ana Administrative Policies and Procedures Policy and Procedures on ________________________________ Public Records Request PURPOSE The purpose of this Policy is to provide all City employees with the information needed to appropriately handle requests for public records under the requirements of the Public Records Act (Act), with the exception of the Police Department. The Act is contained in Government Code Sections 6250 et seq. DEFINITIONS A. regardless of physical form or characteristics. B. rnment Code Sections 6250 through 6270, inclusive. The Public Records Act (PRA) is a California statute that affords the public the right to inspect, and obtain a copy of any identifiable public record (most of the written information retained by State and local agencies in the out the specific statutory circumstances under which particular records need not be disclosed. The PRA requires that public records be open to inspection at all times during the office hours of a local agency. C. Request for Public Records f used by requestor. The requestor is not legally required to disclose their identity or intent. Refer to Sample FORM 1. D. the official record. E. of the Council Office and are usually Request for Public Records form. (request made in person, over the phone, and in some instances over e-mail) or Administrative Policies and Procedures Policy and Procedures on Public Records Requests Page 2 of 5 in writing that either do not cite the Public Records Act and/or are readily available by the department. F. Business Hours as established by the operating division and may be different than City Hall hours. RESPONDING TO A REQUEST FOR PUBLIC RECORD Each department in the City should follow the procedures outlined below when responding to requests for records under the California Public Records Act: 1. Public records should be made available for public inspection during the business hours, as posted. Requests for copies of readily available handouts and limited sections of City regulatory documents, such as the Zoning Code, do not require completion of the Request for Public Records form. Please log these requests in Log Sheet. 2. Requests for public records which are received on the official City form shall be immediately submitted to the Clerk of the Council Office for processing. 3. If the requesting party self-identifies as a reporter (newspaper, media etc.), or is a known reporter, the request MUST be sent to the City for review. 4. Clerk of the Council Office staff shall, within twenty-four (24) hours of receipt of the request, forward copies to the respective department (and the for informational purposes) for response. Refer to Sample FORM 2. 5. The Department shall, within the applicable statutory time lines - ten (10) calendar days - gather the documents responsive to the request and respond to the requestor in writing. Refer to Sample Letter 1. a) If legal advice is warranted, the Department must contact the City Department in identifying the records that may be produced, either in their entirety or in a redacted format, or state why the records are unable to be produced. b) If there is a question about the clarity of the request, staff (person most knowledgeable regarding the requested records) is encouraged to contact the requestor at the earliest opportunity to clarify the request, and may assist the member of the public to make a focused and Administrative Policies and Procedures Policy and Procedures on Public Records Requests Page 3 of 5 effective request by assisting the member of the public to identify records that are responsive to the request or send a letter requesting clarification. Refer to Sample Letter 2. c) Certain records are exempt from disclosure under the Public Records Act, as such a notice of denial must be sent within the statutory time line. Refer to Sample Letter 3. The most common sample of exemption documents are: The request does not seek reco The request would require the City to create new records not currently in existence. The request seeks records which are exempt from disclosure. Examples may include: preliminary drafts, notes, or interagency memoranda; litigation documents; personnel records; code enforcement and law enforcement complaints; personal identity information such as home addresses, phone numbers and social security numbers; business license tax and other personal financial records that is not otherwise authorized under SAMC § 21-181; proprietary information; appraisals, engineering, and feasibility studies pertaining to pending City real estate transactions; building records, architectural and engineering plans; and requests for d) calendar days to make the determination. If the City intends to use this additional time to respond, the City must provide written notification to the requestor that the additional time is required, the reason for the delay and the date on which a determination will be given. Refer to Sample Letters 4 (brief explanation) or 5 (detailed explanation). Unusual circumstances may include: The need to search for and collect records from field facilities or other locations separate from the office processing the request. Administrative Policies and Procedures Policy and Procedures on Public Records Requests Page 4 of 5 The need to search for, collect and examine a voluminous amount of separate and distinct records demanded in a single request. The need for consultation with another agency. The need to compile data, write a programming language or a computer program, or construct a computer report to extract data. e) In some cases no responsive records are found. Refer to Sample Letters 6. 5. An individual may ask to review the requested documents in order to determine which, if any, documents are desired to be copied. The inspection of public records is subject to a rule of reason as to time and duration and must be consistent with the efficient functioning of the Department. To this end, the operational functions of the Department should not be suspended to permit inspection of records during periods in which such records are reasonably required by department personnel in the performance of their duties. The Department will contact the requester to schedule an appointment for inspection of the records. Refer to Sample Letter 7. The Department is responsible for ensuring that all records are safeguarded during the inspection process. The Department should consider on a case-by-case basis whether to have departmental personnel present during the inspection of records in order to prevent the loss or destruction of records. 6. When the requested documents are ready, the Department will notify the requesting party that the documents are ready to be picked up or mailed upon receipt of payment for the copies. 7. The Department provides copies of documents to the requesting party and Request for Public Records form, noting when the copies were reviewed or provided and the number of copies provided. 8. Notify the Clerk of the Council Office when formal requests are completed. C. Payment / Costs for Copies: The City can only charge fees covering the direct costs of duplication in response to public records requests. A fee for research may not be charged nor can the cost of research be incorporated into the per copy charge. Refer to Sample Letter 8. 1. Following is a list of fees for duplication of public records as defined in the Miscellaneous Fee Schedule: Administrative Policies and Procedures Policy and Procedures on Public Records Requests Page 5 of 5 $.20 per page - single sided or $.40 per page for double sided. Actual cost for oversized page(s). $5.00 for each DVD/CD. $2.80 Certified Copy of Record (per record requested). Actual postage charge (if mailed). Staff may choose to send out large volumes of records and/or large size documents to a professional copy services company and pass the ctual charge on to the requestor. No charge has been established to send copies via facsimile or e-mail. 2. Requested copies of records should not be made until a deposit in the amount of the estimated costs of copying is received, and the Department will not release the copies until the full cost of copying is paid to the City. 3. The amount of postage can be added to the cost of the copies and a call made to the individual requesting the records to inform them of the amount due. The individual can, then, send a check for the copies and postage. When the check is received, the copies can be mailed.