Chapter 4.05
PUBLIC RECORDS POLICY
Sections:
4.05.010 Public records policy established.
4.05.030 Inspection of public records.
4.05.010 Public records policy established.
This chapter shall set forth the district’s public records policy. (Res. 2569 § 1, 2008; Res. 2095, 1999)
4.05.020 Definitions.
“District” means the Western Municipal Water District.
“Person” includes any natural person, corporation, partnership, limited liability company, firm, or association.
“Public records” means all documents, displays, records, computer data, maps, audio or video tapes, film, photographs, handwriting, prints, typewritten or computer-generated output, photocopies, and any other record, regardless of physical form or characteristic, containing information relating to the conduct of the public’s business that is owned, used, received, retained or generated by the district, with the exception of those records specifically exempted by Government Code Section 6250 et seq. (Res. 2569 § 2, 2008; Res. 2095, 1999)
4.05.030 Inspection of public records.
A. Hours and Location of Inspection.
1. All public records of the district shall be open to inspection during regular office hours of the district.
2. Inspection of public records shall be made only within the district office buildings and no original document shall be removed therefrom. A district employee shall be present during the inspection of any records.
B. Inspection Request. Any person desiring to inspect any public record shall submit a written request to the district, identifying himself or herself and the specific records desired to be inspected.
1. Within 10 days after receipt of a written request for inspection or a copy of a public record, the general manager, or his or her designee, shall determine whether to comply with the request and shall notify the person making the request of such determination and the reasons therefor. In unusual circumstances, the general manager may, by written notice to the person making the request setting forth the reasons for the extension and the date on which a determination is expected, extend the response time by a period not to exceed 14 working days. “Unusual circumstances” means the need to search for and collect requested records from field facilities or other locations separate from the office processing the request; or the need to search for, collect, and examine a voluminous amount of records demanded in a single request; or the need for consultation with another agency having substantial interest in the determination of the request; or the need to perform data compilation, extraction, or programming to produce the public record.
2. Upon receipt of a completed written request for a copy of records that reasonably describes an identifiable record or information produced therefrom, the district shall make a copy of the record promptly available to any person upon payment of fees covering the direct costs of duplication, as determined by the general manager. Computer data shall be provided in a form to be determined by the district.
C. Requests for Segregable Records. Should any request for public records contain a request for nonpublic information, including, but not limited to, that identified within Government Code Sections 6253.5, 6254, 6254.9, 6254.16, and 6254.25, any reasonably segregable portion of such record shall be provided to any person requesting such record after deletion of the portions which are exempt from disclosure by law.
D. Records Requested Pursuant to the Political Reform Act.
1. Public records requested pursuant to the Political Reform Act of 1974, Government Code Section 81000 et seq., shall be open for public inspection and reproduction during the district’s regular business hours, and not later than the second business day following the day on which such document was received from a public officeholder or other person subject to the Political Reform Act.
2. No conditions whatsoever shall be placed on those persons desiring to inspect or reproduce reports or statements filed pursuant to the Political Reform Act, nor shall any information or identification be required from such persons.
3. Copies of reports or statements filed pursuant to the Political Reform Act will be provided at a charge as stated in Attachment B of the Administrative Procedure on Public Records Inspection and Copies. Any other charges imposed by the district will comply with Government Code Section 81008. (Res. 2569 § 3, 2008; Res. 2095, 1999)
4.05.040 Exempt records.
A. The district shall withhold from inspection any records that are exempt under the express provisions of the California Public Records Act, including, but not limited to, those items set forth in subsection B of this section and WMWDC 4.05.050(A) through (B)(6), and may withhold any other record if, on the facts of the particular case, the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record.
B. The following records shall be exempt from inspection and disclosure, pursuant to Government Code Section 6254:
1. Preliminary drafts, notes, or interagency or intra-agency memoranda, which are not retained by the district in the ordinary course of business; provided, that the public interest in withholding those records clearly outweighs the public interest in disclosure.
2. 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 the Government Code, until the pending litigation or claim has been finally adjudicated or otherwise settled.
3. Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.
4. 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.
5. Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination.
6. The contents of real estate appraisals or engineering or feasibility estimates and evaluations made for or by the district relative to the acquisition of property, or to prospective public supply and construction contracts until all of the property has been acquired or all of the contract agreements obtained. However, the law of eminent domain shall not be affected by this provision.
7. Records, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.
8. Records prepared by or for the district that assess its vulnerability to terrorist attack or other criminal acts intended to disrupt the district’s operations and that are for distribution or consideration in a closed session. (Res. 2569 § 4, 2008; Res. 2095, 1999)
4.05.050 Customer records.
A. Pursuant to Government Code Section 6254.16, credit history and telephone numbers of individuals who are district customers will not be disclosed. Any request for information regarding the payment history of an individual customer must be made in writing by the customer on whom the information is requested. The information will then be released only to the customer making the request.
B. Name, utility usage data, and home address of individual customers will be disclosed only under one or more of the following circumstances:
1. To an agent or authorized family member of the person to whom the information pertains.
2. To an officer or employee of another governmental agency when necessary for the performance of its official duties.
3. Upon court order or upon the request of a law enforcement agency relative to an ongoing investigation.
4. Upon determination by the district that the customer who is the subject of the request has used the district’s services in a manner inconsistent with applicable district usage policies.
5. Upon determination by the district that the customer who is the subject of the request is an elected or appointed official of the district with authority to determine the utility usage policies of the district.
6. The home address of an appointed official will not be disclosed without his or her consent.
7. Upon determination by the district that the public interest in disclosure of the information clearly outweighs the public interest in nondisclosure. (Res. 2569 § 5, 2008; Res. 2095, 1999)