Chapter 2.03
RECORDS OF COUNTY SUPERVISORS
Sections:
2.03.020 County Supervisor discretion with respect to retention or disposition of records.
2.03.030 Retention and disposition of constituent records.
2.03.040 Transfer of records of County Supervisor to successor.
2.03.050 Records exempt from transfer to the successor of a County Supervisor.
2.03.070 Violations and enforcement.
2.03.010 Definitions.
The following definitions apply to this chapter:
(A) “Constituent records” shall mean any letters, notes or other written communications in the possession or control of a Supervisor from a person, partnership, association, corporation or other entity requesting the assistance of the Supervisor in obtaining enforcement of State or County laws or regulations, or in obtaining a County service or other County action. “Constituent records” shall include copies of any memos, notes, letters or other written communications to or from County staff relating to the constituent communication in the possession or control of the Supervisor.
(B) “Deliberative process privilege records” shall mean all public records of communications relating to the performance of the responsibilities of the County Supervisor and made in the process of shaping policies and making decisions, which records the County Supervisor has not previously disclosed to the public, and which records qualify for withholding from disclosure pursuant to the provisions of Government Code Section 6254(a) or 6255.
(C) “Personal records” shall mean all documentary materials or any reasonably segregable portion thereof of a purely private or nonpublic character which do not relate to or have an effect upon the carrying out of the constitutional, statutory or other official duties of the County Supervisor. Such term includes:
(1) Diaries, journals or other personal notes serving as the functional equivalent of a diary or journal which are not prepared or utilized for, or circulated or communicated in the course of, transacting County business;
(2) Materials relating to private political communications or associations; and
(3) Materials relating to the County Supervisor’s own election or appointment to office; and materials directly relating to the election of a particular individual or individuals to Federal, State or local office.
(D) “Public records” shall have the same meaning as defined in the California Public Records Act, Government Code Section 6252(e); provided, that public records shall not include “personal records” or “deliberative process privilege records” as defined in this section. [Ord. 5278 § 5, 2018; Ord. 4326 § 1, 1994].
2.03.020 County Supervisor discretion with respect to retention or disposition of records.
During his or her term in office, each member of the Board of Supervisors shall exercise individual control over all documents, papers, records and other writings which may come into his or her possession, in connection with his or her exercise of the office of County Supervisor, and shall employ his or her individual discretion with respect to the retention, destruction or other disposition of such materials, subject in every case to the requirements of all applicable Federal and State laws, and further subject to the provisions of this chapter relating to constituent records. [Ord. 4326 § 1, 1994].
2.03.030 Retention and disposition of constituent records.
(A) Each member of the Board of Supervisors shall retain and transfer to their successor all constituent records except for the following:
(1) Constituent records pertaining to a matter which has been resolved or to which a final response has been given and the Supervisor’s file closed;
(2) Any constituent records that the constituent expressly requests be returned to the constituent rather than be transferred to the successor of the Supervisor.
(B) The successor of a Supervisor who receives constituent records involving a complaint concerning an alleged violation of State or County laws or regulations shall maintain the confidentiality of the identity of the constituent; and if receiving any other communication expressly made on a confidential basis, the successor shall maintain the confidentiality of the communication. [Ord. 5278 § 5, 2018; Ord. 4326 § 1, 1994].
2.03.040 Transfer of records of County Supervisor to successor.
Upon the conclusion of the term of office of the County Supervisor, or if the County Supervisor serves consecutive terms, upon the conclusion of the last term, every County Supervisor shall transfer any public records in their possession or control, whether or not subject to public disclosure, to the successor of the office, except as otherwise may be provided in SCCC 2.03.050. [Ord. 5278 § 5, 2018; Ord. 4326 § 1, 1994].
2.03.050 Records exempt from transfer to the successor of a County Supervisor.
The following records shall be exempt from the requirements of this chapter to transfer County Supervisor records to the successor of the office:
(A) Personal records as defined in SCCC 2.03.010(C);
(B) Personnel, medical or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy;
(C) Information acquired in confidence by the County Supervisor in the course of their duty and not open to the public prior to the time the claim of privilege is made;
(D) Deliberative process privilege records as defined in SCCC 2.03.010(B);
(E) Copies of documents filed with the Clerk of the Board of Supervisors, or with the clerk of any other board or commission of which the Supervisor is a member;
(F) Other records expressly exempted or prohibited from disclosure and transfer to a successor of the office pursuant to Federal or State law;
(G) Drafts, notes and intraoffice or interoffice memoranda which have not been retained by the County Supervisor in the ordinary course of business; and
(H) Public records for which approval has been obtained by the County Supervisor pursuant to SCCC 2.03.060 to destroy, or which are transferred in lieu of destruction to an educational or research institution. [Ord. 5278 § 5, 2018; Ord. 4326 § 1, 1994].
2.03.060 Approval for destruction or transfer to archive of County Supervisor records more than two years old.
Public records which a County Supervisor is required to transfer to their successor, pursuant to SCCC 2.03.040, or which a County Supervisor is required to maintain or preserve pursuant to any other provision of Federal or State law, may be destroyed or transferred by the County Supervisor upon compliance with the provisions of this section. Public records which are more than two years old and not subject to any Federal or State statute prescribing retention for a longer period may be destroyed upon the County Supervisor obtaining approval for destruction of the records pursuant to the procedures set forth in County Resolution No. 66-94. Alternatively, such records may be transferred to an educational or research institution in lieu of destruction, if such educational or research institution agrees to maintain the records according to commonly accepted archival standards. The County Supervisors transferring records to an educational or research institution, in conformance to the procedures specified herein, may restrict access to those records transferred which are exempt from disclosure under the California Public Records Act for a period not to exceed 12 years. [Ord. 5278 § 5, 2018; Ord. 4326 § 1, 1994].
2.03.070 Violations and enforcement.
(A) Any person aggrieved by a violation of the provisions of this chapter may enforce those provisions in a civil action.
(B) Any person who commits or proposes to commit an action in violation of this chapter may be enjoined therefrom by a court of competent jurisdiction. [Ord. 4326 § 1, 1994].