HomeMy WebLinkAboutPUBLIC RECORDS - DRAFT ONLY
City of Santa Ana
Administrative
Policies and Procedures
Policy and Procedures on
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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
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Policy and Procedures on Public Records Requests
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in writing that either do not cite the Public Records Act and/or are readily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
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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.
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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:
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$.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.