Chapter 2.05
PUBLIC ACCESS TO RECORDS
Sections:
2.05.030 Records exempt from disclosure.
2.05.040 Government Code Section 7922.
2.05.050 Right of privacy – Utility customer information – Government Code Section 7927.410.
2.05.060 Procedures for access to public records.
2.05.010 Purpose.
The purpose of this policy is to provide guidelines to staff regarding public access to records of the district. Public records shall be open to inspection during regular office hours of the district. “Public records” are all records of the district as defined under this policy and the California Public Records Act (“the Act”) (Government Code Section 7920 et seq.), as it may be amended from time to time. [Res. 24-01 Exh. A; Res. 08-17 § 1 1060.1].
2.05.020 Definitions.
“Public records” includes any writing containing information relating to the conduct of the public’s business prepared, owned, used or retained by the district regardless of physical form or characteristics.
“Writing” means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or a combination thereof, and any record thereby created, regardless of the manner in which the record has been stored.
Records will be provided in the same form as they exist at the district. The district is not required to create a new record in response to a public records request. [Res. 24-01 Exh. A; Res. 08-17 § 1 1060.2].
2.05.030 Records exempt from disclosure.
This policy hereby incorporates all provisions of the Act, as well as all other statutes in the California codes, pertaining to exemption and disclosure of public records. In accordance with Government Code Section 7927, the following specific records are exempt from disclosure and shall not be disclosed:
A. Preliminary drafts, notes or interagency or interdistrict memoranda, which are not retained by the district in the ordinary course of business; provided, that the public interest in withholding such records clearly outweighs the public interest in disclosure.
B. Records pertaining to pending litigation to which the district is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, until such litigation or claim has been finally adjudicated or otherwise settled.
C. Personnel, medical or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.
D. Geological and geophysical data, plant production data and similar information relating to utility systems development, or market or crop reports, which are obtained in confidence from any person.
E. Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment or academic examination.
F. The contents of real estate appraisals, engineering or feasibility estimates and evaluation made for or by the district relative to the acquisition of property, or to prospective public supply and construction contracts, until such time as all the property has been acquired or all of the contract agreements obtained; provided, however, the law of eminent domain shall not be affected by this provision.
G. Information required from any taxpayer in connection with the collection of local taxes, which is received in confidence, and the disclosure of the information to other persons would result in unfair competitive disadvantage to the person supplying such information.
H. Library and museum materials made or acquired and presented solely for reference or exhibition purposes.
I. Records the disclosure of which is exempted or prohibited pursuant to provisions of federal or state law, including but not limited to provisions of the Evidence Code relating to privilege. [Res. 24-01 Exh. A; Res. 08-17 § 1 1060.3].
2.05.040 Government Code Section 7922.
The district shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record. A response to a written request for inspection or copies of public records that includes a determination that the request is denied, in whole or in part, shall be in writing. [Res. 24-01 Exh. A; Res. 08-17 § 1 1060.4].
2.05.050 Right of privacy – Utility customer information – Government Code Section 7927.410.
Pursuant to Government Code Section 7927.410, nothing in this policy shall be construed to require the disclosure of the name, credit history, utility usage data, home address, or telephone number of utility customers of the district, except that disclosure of name, utility usage data, and the home address of utility customers of the district shall be made available upon request as follows:
A. To an agent or authorized family member of the person to whom the information pertains.
B. To an officer or employee of another governmental agency when necessary for the performance of its official duties.
C. Upon court order or the request of a law enforcement agency relative to an ongoing investigation.
D. Upon determination by the district that the utility customer who is the subject of the request has used utility services in a manner inconsistent with applicable district usage policies.
E. Upon determination by the district that the utility customer who is the subject of the request is an elected or appointed official with authority to determine the utility usage policies of the district; provided, that the home address of an appointed official shall not be disclosed without his or her consent.
F. Upon determination by the district that the public interest in disclosure of the information clearly outweighs the public interest in nondisclosure.
However, nothing herein shall preclude any district employee, including members of the board of directors, access to customer billing information necessary to carry out the regular duties of such employees, including the resolution of customer service issues. [Res. 24-01 Exh. A; Res. 08-17 § 1 1060.5].
2.05.060 Procedures for access to public records.
A. Any person desiring to inspect and/or copy any public record(s) shall reasonably identify the record(s) to be inspected and/or copied.
B. The district secretary shall determine whether the requested record is disclosable. If the district secretary is uncertain whether the record is exempt from disclosure under the California Public Records Act, or whether the facts of the particular case indicate the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record, (s)he shall consult with counsel for the district.
C. Inspection of public records shall be made only in the district office, and no document shall be removed therefrom. A representative of the district may be present during the inspection of any records.
D. In compliance with Government Code Section 7922.600, the district will make reasonable efforts to assist members of the public to make focused and effective requests that reasonably describe identifiable records. In compliance with Government Code Section 7922.535(a), the district, upon a request for a copy of public records, shall, within 10 days from receipt of the request, provide a determination on the request, including the reasons for the determination.
E. In unusual circumstances, the district may take a time extension of up to 14 additional days to provide the determination and shall notify the requester in writing of such time extension. If the district determines that some or all of the requested records are disclosable, the determination shall state the estimated date and time when the disclosable documents will be made available. Pursuant to Government Code Section 7922.535(c), “unusual circumstances” means the following, to the extent reasonably necessary to properly process the particular request:
1. The need to search for and collect the requested records from field facilities or other establishments that are separate from the district office processing the request.
2. The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request.
3. The need for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request, or among two or more departments or divisions of the district having substantial interest in the subject matter of the request.
4. The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data.
F. Any person may obtain a copy of any identifiable public records, upon payment of the district’s standard copying fees, which cover the district’s direct costs of duplication, pursuant to Government Code Section 7922.530(a). Upon request, an exact copy shall be provided unless impracticable to do so.
G. In compliance with Government Code Section 7922.570, the district shall make electronic information that constitutes an identifiable disclosable public record available in electronic format as follows:
1. The district shall make the information available in the electronic format in which it holds the information.
2. The district shall provide a copy of a disclosable electronic record in the format requested if that format has been used by the district to create copies of the record for its own use or for use by other agencies.
3. The requester shall bear the direct cost of producing a copy of the record in electronic format, including the cost to construct the record, and the cost of programming and computer services necessary to produce a copy of the record when: (a) the record is produced only at otherwise regularly scheduled intervals; or (b) the request would require data compilation, extraction or programming to produce the record. (Government Code Section 7922.575(b))
H. A request for a copy of an identifiable written public record, or information produced therefrom, or a certified copy of such record shall be accompanied by payment of a fee in the amount of $0.25 for the first page and $0.10 for each page thereafter. In some cases it may be necessary to send a document or documents to a printer or commercial copying service; and in such cases, the person requesting copies shall pay the total direct cost. Blueprint reproduction shall be $5.00 per print. A request for a copy of a tape recording of a meeting of the board of directors of the district shall be accompanied by payment of a fee of $10.00.
I. This public records policy of the district shall at all times be subject to the Act, as it may be amended from time to time. If there is any conflict between the Act and this policy, the Act shall prevail. [Res. 24-01 Exh. A; Res. 08-17 § 1 1060.6].