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HomeMy WebLinkAboutCC AG PKT 2002-11-12 #U AGENDA REPORT DATE: November 12, 2002 TO: Honorable Mayor and City Council FROM: John B. Bahorski, City Maher / Jo e Yeo, City Clerk SUBJECT: Council Policy - Public Records Request SUMMARY OF REQUEST: Approve the attached Council Policy regarding public records requests. BACKGROUND: The City receives numerous requests for public records from a variety of sources: the public, news journalists, insurance adjusters, attornies, and businesses. A Public Records Request form has been developed and is attached to the policy. This form has been used by Mission Viejo and has improved the expeditious processing of their requests. The City has always responded to requests for public records according to the terms of the California Public Records Act. This policy will formally adopt that process. FISCAL IMPACT: No fiscal impact. RECOMMENDATION: Council approve the attached policy detailing procedures for handling public record requests. Agenda Item CITY OF SEAL BEACH COUNCIL POLICY SUBJECT PUBLIC RECORDS REQUEST SECTION INDEX NO. ISSUE DATE REVISION DATE COUNCIL CM APPROVAL 100 6 APPROVAL 11/7/02 1. SCOPE For those individuals making a request for public records. 2. PURPOSE AND INTENT To formally adopt procedures for handling of public record requests and to clarify for the public, attorneys, insurance adjusters, and private investigators, the process by which the City will respond to request for records under the Public Records Act. 3. POLICY The California Public Records Act provides California citizens with rights to obtain access to records held by public agencies in the State. In recent years, the City of Seal Beach and the Seal Beach Redevelopment Agency have experienced a substantial growth in the , volume of requests for public records and the staff time required to respond to such requests, particularly with respect to request for documents relevant to disputes between private parties. 4. PROCEDURES 4.1 Requests. The individual requesting public records will complete the Public • Records Request form (attached) provided by the City Clerk. 4.2 The City Clerk will respond to all requests as soon as possible, but not later than the ten -day period, or extensions thereof, as provided by Government Code. 4.3 In accordance with the Public Records Act, the City will provide only specific identifiable records, but will not research City records for particular types of information or analyze information which may be contained within public records. 4.4 The City will respond to requests for public records in accordance with the • terms of the California Public Records Act as the Act now exists or may hereafter be amended. (Public Records Request Policy) Submitted by the City Clerk Dated: November 7, 2002 5. ISSUANCE Approved by City Council Date approved Attachment: Public Record Act Request Form (Public Records Request Policy) City of Seal Beach City Clerk's Office Public Records Request Number: Date requested: Date required: (Please list each document, file or record separately) I wish to © review obtain copies of the following public records: Please see the reverse of this form for the city and agency's policy on Public Records Act requests. I/We the undersigned, request documents as indicated and agree to pay the City of Seal Beach at the rate of fifteen cents per page (documents requested pursuant to the Political Reform Act are ten cents per page) at the time of receipt by me or my representative. Name /Organization: Mailing Address: Phone Number: FAX Number: Signature: Office Hours 7:00 a.m. to 6:00 p.m. M- Th. 1 8:00 a.m. to 4:00 p.m. F 211 - 8` Street, Seal Beach, CA 90740 (562) 431 -2527 FAX (562) 431 -4067 S7296\0001\712409.1 CITY OF SEAL BEACH POLICY FOR PUBLIC RECORD ACT REQUESTS The California Public Records Act (Government Code Section 6450 et seq.) provides California citizens with important rights to obtain access to records held by public agencies in the State. In recent years the City of Seal Beach and the Seal Beach Redevelopment Agency have experienced a substantial growth in the volume of requests for public records and the staff time required to respond to such requests, particularly with respect to requests for documents relevant to disputes between private parties. The purpose of this policy is to clarify for the public, attorneys, insurance adjusters, and private investigators, the process by which the City will respond to requests for records under the Public Records Act. 1. All requests for public records shall be in writing on a form prescribed by the City Clerk, unless the request is to review an agenda or agenda reports of the Council or a City Commission or committee, the City Code, the General Plan or the Uniform Building Codes, which are available at the City Clerk's Office public counter in book or binder form. 2. The City Clerk will respond to all requests as soon as possible, but not later than the ten -day period, or extensions thereof, as provided by Government Code Sections 6256 and 6256.1. (a) The City Clerk shall review the request and determine whether the request seeks identifiable records and, if not, the City Clerk shall so advise the person making the request. (b) The City Clerk shall request all City Departments which may have the records being requested to search their files and report back to the City Clerk on whether the Department has the records and, if so, when the records can be made available to the person seeking them. (c) The City Clerk shall respond to the person requesting records by advising him or her in writing of the availability of the documents and whether disclosure of any of the documents is exempt under the provisions of the Public Records Act. (d) If a request is made for copies of the records, the City Clerk shall also advise the person requesting copies of the estimated costs of copying the records requested. (e) The person requesting the copies shall pay the per page charge for copying as set forth by resolution of the City Council for all copies requested. The City Clerk shall not release the copies until the full cost of copying is paid to the City. 3. In accordance with the Public Records Act, the City will provide only specific identifiable records but will not research City records for particular types of information or analyze information which may be contained within public records. 4. The City will respond to requests for public records in accordance with the terms of the California Public Records Act as the Act now exists or may hereafter be amended, and nothing in this Policy is intended nor shall it be construed to conflict with the terms of the Public Records Act. S7296 \0001 \712409.1 FOR INTERNAL USE ONLY Reviewed By: Approve Deny Approve Deny City Manager: © Q © Review of Records Prior to Release: El El City Attorney: © © © Review of Records Prior to Release: m Di City Clerk: El El Reasons, if Denied: Signature: Disposition of Request: Documents /response provided on (date) by: © Mail © Pick -up © Fax © Delivered © Verbal © Phone Comments: Date Completed: Staff Member(s): Staff time: Office Hours 7:00 a.m. to 6:00 p.m. M -Th 1 8:00 a.m. to 4:00 p.m. F 211 - 8 Street, Seal Beach, CA 90740 (562) 431 -2527 FAX (562) 431 -4067 S7296 \0001 \712409.1