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HomeMy WebLinkAboutResolutions 84-162 N.C.S. 07/02/1984~- . ;,~ R~SOIUfIOYl .NO:. $4-162 N. C.: S. ., . of the,Cty.~af Petaluma, California POL LC`Y ~' RESOLUTION ADOPTING PRO'CEDURE'S AND FEES FOR THE DISSEMINATION OF REGO;RDS ~P-URSUANT - TO THE. CALIFORNIA PUBLIC RECORDS ACT WHEREAS, the California Public Records Act '(Government Code Section 6250 to 6260, inclusive) was enacted .into law by the Legislature in 1968, (States 1968, Chapter 1.473) and amended from time and time thereafter; and WHEREAS, said Act provides that the City may adopt regulations - stating the .procedures to be .followed when making its records available for inspection, and further permitting the City to require the payment of a reasonable fee or deposit for a copy of an identifiable public record or information produced therefrom; and, WHEREAS, it is deemed advisable by the City Council that the City of Petaluma have a uniform policy and regulations -pertaining to the inspection of public records and the receipt of copies .the..reof, governing dissemination of information obtained in the course of City business, and prescribing fees to be charged for copies of public records, NOW, THEREFORE, B.E IT RESOLVED that the document attached hereto, and entitled "Policy and Regulations Governing Access to, . Inspection of, and the Right to Receive Copies of, Public Records; Specifying Records or Conditions Under which Records are Exempt From Disclosure; Governing Dissemination of Information Obtained in the Course of City .Business; and Prescribing Fees to be Charged for Copies of Public Records" be, and the .same is hereby, approve"d and adopted, and said policy and regulations shall be effective upon adoption of: this resolution. BE IT FURTHER RESOLVED that all other resolutions including #7786 or parts of resolutions, in conflict with or inconsistent with the provisions of this resolution are hereby rescinded as of the effective date hereof. Under the power and authority conferred upon "this Council'by the Charter of said City. CC I hereby certify the foregoing- Resolution was. introc:uced and adopted by the Appro~~)as t Council of the. City of Petaluma at a (Regular) (Aclgq~t~p~x~l) meeting l , r ~~ on the .... 2nd......-. day of ......J u l.Y, ......... ........................ 1x.84.., by the following vote: ~ AYES: Perry, Battaglia, Bond, Cavanagh, Balshaw, Vice Mayor'Harb'erson, h1ayor Mattea NOES.: None ABSENT: Non _ _~. J .ATTEST: ... ~ . City Clerk Mayor _ c°°°°'F''e- .-$4 362 ~~•~~- plus 7 pages- of Exhi,bi is Form CA;2 7/81 ~ • Res'... No . ..... ..... EXHIBIT " A" TO RESOLUTION NO . - . C:. S . POLICY AND REGULATIONS GOVERNING .ACCESS TO, INSPECTION OF, AND THE RIGHT TO RECEIVE COPIE'S OF, PUBLIC RECORDS: SPECTFYING RECORDS QR CONDITIONS UN^DER WHICH RECORDS ARE EXEMPT FROM D'TSCLOSUREs GOVERNING DISSEMINATION OF INFORMATION OBTAINED IN THE CO`URS'E OF CITY BUSINESS: AND PRESCRIBING FEES TO BE CHARGED FOR COPIES OF PUBLIC RECORD'S .SECTION 1 -PURPOSE It is the purpose of the City Council of the, City of Petaluma in adopting this policy and these regulations to provide .rules and procedures in accordance with. the California Public Records ,Act (.Section 6250 to 6260, inclusive, of the Government Code) as from time to time amended, to govern access to, inspection of; and the right to receive copies of public records of the City of Petaluma., to govern the dissemination of public information by City staff, and to prescribe a schedule of fees or deposits to be charged for copies of` public `records which ar-e not exempt from disclosure. SECTION 2 - DEFINITID.NS Unless the context otherwise requires, the following definitions shall apply in the interpretation of these rules an,d regulations: "City" means the City of Petaluma.. F` "City Attorney" means the City Attorney of the City of Petaluma. 4r ~j• r. "City Council" means the Council of the City of Petaluma. "Local Agency" or "Local Public Agency" .includes a county; a city, whether chartered or general law`; a city .and county; school district; municipal corporation; district,; political subdivision; or any board, commission or agency thereof. "Person" means any .natural person,. corporation, partnership, firm,. or association, 'and includes any newspaper, radio or television station, or other news media. "Public .Record'" .means any. writing containing information relating to the conduct of the public's business; prepared, owned., used., or retained by the City of Petaluma regardless of Physical 'form or characteristics. "Writing." means handwriting, typewriting, printing, photostatng., ;~ photographing, and every other means of recording upon, any form of communication or. representation, including, 'letters., words,, pictures, sounds, or symbols.; or combination thereof., and alI papers'., .maps, magnetic or paper types, photog"raphic films and prints, magnetic or punched cards, discs, drums, and other documents. I Reso. 84-162 EXHLBIT A M` ~ ~ SECTION 3 -RIGHT TO INSPECT RECORDS The public records of the City are open to inspection at all times during regular office hours, and every person has- a right to inspect any public records except those records which are exempt:. from disclosure as set forth in Section 4, Records Exempt from Disclosure. Inspection shall take place in the presence of, or under the direction and supervision of, the department head or his designated representative, who shall establish whether the requested record is a public record and open to inspection. If inspection is refused., or should there be doubt as to whether a public record is exempt from disclosure, the City Attorney shall be so advised and. his determination sought. The department head or his designated representative shall., upon .request of the person seeking access to any public record, justify withholding such record by demonstrating that the record in question is exempt under express provisions of these regulations, or applicable law, is .not. a r.ecor.d kept by the City .or department, or that on the facts of the particular case tfie public interest .served by not making the record public clearly outweghts the public interest served by disclosure of the record. SECTION 4 -RECORDS EXEMPT ..FROM DISCLOSURE The following public records are exempt from disclosure: 1. Preliminary drafts, notes, or interagency or intra-agency memoranda which are not retained by the City in the ordinary course of business, or are in the process of preparation for City Council action or information, and internal or external memoranda reporting on or .evaluating City functions or operations, p"rovided that the public interest in withholding such records clearly outweights th public interest in disclosure; 2. Records pertaining to pending litigation to which the City, or any City officer or employee in his official capacity, 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; 3. Personnel, medical,. or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy, except that Employment Contracts between the City and any public official or public .employee is a public record which shall. be disclosed; 4. Contained in or related to: (a) Applications filed with any state agency responsible for the regulation or supervision of the .issuance of securities or of financial institutions, including;., but not limited to, banks, savings and loan associations, industrial loan companies, credit unions,, and insurance companies.; (b) Examination., operating., or. condition reports prepared by, or on behalf of , or for the use of any state agency refereed to in subdivision (a) ; RESO. 84-162 EXHIBIT A (c) Preliminary drafts, notes or interagency or intraagency communications prepared by, on behalf of, or for the use of any state agency referred to in subdivision (a) ; or (d) Information received in confidence b,y any state agency referred to in subdivision (a) . 5. Geological and geophysical data, plant production data and similar information relating- to utility systems development, or market or corp reports, which. are obtained in confidence from any person; 6. Records of complaints to or investigations conducted by, or records of intelligence information or security procedures of , the office of the Attorney General and the Department of Justice, and any state or local police agency, or any such investigato. ry or security files compiled by any other state. or local agency for correction, law enforcement or licensing. purposes, except that. local. ,police agencies shall disclose the names and addresses of persons involved in, or witnesses other than confidential informants: to, the incident, the description of any property involved, the date, time, and location of the incident, all diagrams, statements of the partiesinvoived in the incident, the statements of all witnesses, other than confidential informants, to the persons involved in an incident, or an authorized representative thereof, an insurance carrier against which a claim has been or might be made, and any person suffering bodily injury or property damage as the result of the incident caused by arson, burglary, fire, explosion, Zareeny, robbery, vandalism, vehicle theft or a crime of viole_nee as defined by .subdivision (b) of Section 13960, unless the disclosure •would endanger the safety of; a witness or other person involved in the investigation, disclosure: would. endanger the successful completion of the investigation or a related investigation; provided, however, that nothing herein shall require the disclosure of that portion of those- investigative foxes which reflect the analysis of conclusions of the investigating officer. Other provisions of this subdivision notwithstanding, state and ZocaZ Zaw enforcement agencies shall make public the following information, except to the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation: (a) The full name, c_ urrent address, anal occupation of every individual arrested by the agency, the individual's physical descrYiptio.n including date of `birth, color of eyes and hair, sex, height and weight,. the time and :date of arrest, the time and date of booking, the location of the arrest, the factual circumstances surrounding the arrest, the amount of bail set, the time and manner of release or the location. where the individual is currently being -held, and aZZ charges the individual is being held upon, including any outstanding warrants from other ~jicrisdictions and parole or probation bolds; and 3 RESO. 84-162 EXHIBIT A ~~ , (b) The time, substance, and location of aZZ complaints or requests for assistance received by the agency and the time and nature of the response thereto, including, to "the extent such information regarding crimes alleged or committed or any other incident investigated is recorded, the dime, date and. location of occurrence, the time and date of the report, the name, age and current address of .the victim, except that the address of the victim of any crime defined by Section 261, 2'64, 264.1 273a, 273d, 286., 288, 288a, or 289 of` the Penal Code shall not be disclosed, the factual circumstances surrounding the crime or incident, and a general description of any injuries, property or weapons involved. ~ ~;~,-~~ 7. Test questions;, scoring keys, and other examination data used to administer a licensing. examination-, examination for employment, or academic examination.; except as provided. for in Chapter 3 (commencing with Section. 99150) of Part 65 of the Education Code. 8. The contents of -real estate appraisals., engineering or feasibility estimates and evaluations made for or by the City, the state or local public agency relative to .the acquisition of property, or to prospective public supply and consfruction contracts::, until such time as all of 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; 9. Information required for 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 informafion; 10. Library and museum materials :made or acquired and presented solely for reference or exhibition purposes; and 11. 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; 12. Correspondence of and to the Governor-or employees of the Governor's office or .in the custody of or maintained bz~ the Governor's ZegaZ affairs secretary, provided public records shall not be transferred to the custody of the Governor's legal affairs .secretary to evade the disclosure provisions of this chapter.. 13. Statements of personal worth. or personal financial data required by a licensing agency and filed by an applicant with such licensing agency to establish his personal qualifi'cation' -for the license, certificate, or permit applied .for. 1.4. Statewide, county, city, and district initiative., referendum, and recall petitions and all memoranda prepared by the .county clerks in the examination of such petitions indicating which registered voters have signed particular petitions shall not be deemed to be public records and shall not be open to inspection except by the public officer or 4 RESO. 84-162 EXHIBIT A , public employees who have the duty of receiving, examining or preserving such petitions or who are responsible for the preparation of such memoranda.. Nothing in this Section 4 is to be construed. as preventing the City Council from opening records concerning the administration of the City to public inspection, unless disclosure is otherwise prohibited by law. SECTION 5 -COPIES OF RECORDS Any person may rece~Te a copy of array identifiable public record of the City which is not exempt from disclosure., or copy thereof. Upon request, an exact copy shall be provided unless impracticable to do so. At the time that a request is made. for a copy of such record, the fee or a deposit to cover the estimated fee chargeable shall be paid as prescribed in the Schedule of Fees or Deposits to be Collected when Copies of Public Records are Requested which is ..set forth- in Appendix . I attached hereto and incorporated herein by this reference. Computer data shall be provided in a form determined by the department head, subject to approval- of the City Manager. No fees shall be chargeable_ to the United States, the State of California., or any lo.eal public, agency, or to any, .federal, state, or local public officer or employee when acting within ~ the course and scope of his office or employment for any copies of such records, unless the actual cost of a requested record is excessive, in the discretion of the official involved . SECTION 6 -RELEASE OF INFORMATION Other than public records which are not exempt from disclosure, no person is entitled to receive information obtained in the course of City business as a matter of right except under process of law. Public information of a nonconfidential, nonsensitive, routine, or follow-up nature may be disclosed in the ordinary course of: City business. If such information ,is of a confidential or sensitive nature, it shall riot be disclosed except upon direction of the department head or his authorized representative, who shall secure permission of the Gity Manager prior °to disclosure, unless release of the information has been authorized by directive of the City Council or the City Manager. Before issuing any news release which is likely to be of widespread community interest, or is likely to cause public controversy, the department head, or his authorized. representative, .shall determine that the City Council is aware of, and the City Manager has no objection to, the release. SECTION 7 -SUPPLEMENTAL. REGULATIONS Department heads may, with the consent of. -the City Manager, promulgate regulations to supplement the provisions of this policy and these regulations when such is deemed necessary or advisable. SECTION 8 -EFFECTIVE DATE These rules and regulations, including Appendix I, shall take effect, and be in full force and effect from and after August 29, 1977, and as thereafter amended. 5 RESO. 84-162 EXHIBIT A Y ~, ~ ~ APPENDIX I SCHEDULE OF FEES OR DEPOSITS TO BE COLLECTED WHEN COPIES OF PUBLIC RECORDS ARE REQUESTED ALL AMOUNTS TO BE COLLECTED IN ADVANCE FEE OR DEPOSIT MINIMUM GENERAL DOCUMENTS UNIT BY UNIT FEE Copy by copier Each page $0.15 Type of machine: electrostatic, thermal, xerox, etc. Size of Paper: 82" x 11" to 11" x 17" Copy by ozalid: maps and drawings lst print $2.00 (8~"x11" to 36"x48") each additional print $1.50 Print from microfilm 1st print $1.00 each additional print $ .50 Extract of document and certification per page $2.00 Certifying existing documents per document $1.00 Set up for listening and monitoring per hour $ of tapes NOTE: Individuals filing appeals under procedures set forth in City ordinances shall receive two hours (one time) without charge. Active record searches and copying per hour $ labor Search time for inactive records in per hour $ storage Preparing verbatim written per hour $ transcription from tapes Copies of tapes per hour $ ** (copies available only on cassette) Documents in stock and printed actual cost $ (labor and materials) SPECIAL DOCUMENTS Municipal Code with binder $ Zoning Ordinance, Subdivision' $_ Ordinance, General Plans, Growth Management Plan, etc. RESO. 84-162 EXHIBIT page 6 $5.00 $5.00 .. .., .. Y ~.. - _ --, ~.. .. . ° .i - , A ENDIX ~~ "~~,~~ ;`: '=~ - . ~~~ PP h- (;CONTINUED') _' _., _ ` FE MUM ..- _,. j ~ ,~ F;• _ E R_~ PO:,IT MFEE -.> ~ SPECIAL 'DOCUMENTS*~: ;'~;. ; , _. ,~ UNITS ~ ss F '-; , , ` ;;- - BY I3NIT a ~ Uniform codes - ` ;n ', - ~ ~ , v< ;,y a, 4 Building •= ~ per code - ~ $ * _ - - z 5 = ~ * '° ~,` :b ~Electr-ica°l ~ y, - ., _per code - ., _ ~:_ _ ,~ t ' ;a, ":. - ' ~c F:.ire Prevention`-'' per .code ~ * - _ r ~ - ~ . yd~ Housing ~ ,per- codes- .r ,, $ * - - s ~ * e Mechanical' ~ per code i ~.: $ -~ • _ ., _ .~ 'f <Plumb~ng '' ~ . per code- ;. ~ ~,~ "-~ x~~ ,t .. r - ? i _ 1 - ., s .. * :• Standard,Specfscat"ions :, '~ p.er set of $10:00 ' . ' - `specif`ications _ ~ - ' r ~ '- .,i y - F _ ~ N { r r4 '. t ti'. zy ~ l.. Yom, LL). ~'•. .- .- ~ .; ,.. . • Police . - ~~. .,,,,; ~; _ ,, _ -..Accident Reports ~ ~ ~ _ p.er repor~ty ~ ~ $z"~8`:00'-~. "- -- M ~- ~Grime¢Repo.rts - 3r~ -4 ~'--~.perrt page ',~ ~.-``" ter,; ^~, xY$~L2:00; ":r^~~$1~0~ 00 max ~P,hotographs_ (,8"xi10'r) r 4 `, 5~r ~r~ ~ j 3 J ~ _i + ~ ~} ~i~. ~ 4~ j+ - ~~ Black & ;White- - `,, `per photo r, ~ _ ~ `' „ ~ ~' r$ lOw': 0;0 '~;` `'' ` Color - l r .r ~,- -per ~gh'oto :, "~,, $15:00 ''~ ,., . .. _ , _ _ - _ Budget r .per copy ~~ $ * ,~ r~$5 O.Q -r c _. (except' to other agencies) - r - n„ _~ ,y~ r pax ~~ }. s ~ r - ,.xSpecial Reports Prepared'; by - per report:: $ ~r '~ . Consultants for City DepartmentsL { -,_ _ , _ ` ~ - z .i . i 4 1 ~` f .~ Z ?' ! C C of .^'` • $ fit y ' ~C ,Computer: Data•,~~ Use-°of .Equipment ,per hour -~ - .. ~ Y _ ~ ~ _ ~- - T ` and Personnel: "' °< ' ~~ .~.. _.~ .. - - t . y ~;., p, - ;.0 ;- ' ~ kPer~son maki~ng• requ,~est t~o deposit estimated "fee ;Estimate, of Rime to _be gi.,yen ~ a _ when order as taken; Fe'e based on.current' actua~l~~cos~t(labor and~maferials) and' subject to~change without notice ~~ ~"~ ;1-~- r ~-s~,~~ ~ '~ _ ` ** Actua°S costYofr eproducin°g:cop~y`~plus ~15~ for.^rli'andling --~ ~` ,.~~~ - y • If 'any document cannot be reproduced by.~use ~of'"Cit~y equipment;";then'` the charge ~`` ~ 1, ` wild, be t-he actual .,cost `' of reproduction, plus 115% -for `handling ~ .. ~ - F AY'~. ~ ~~ .Y -- ~ tit. f .~~ f~. , Y. .. 1 ~ r bey er 1 ~. 1 ~ ~~; .,. ~ x ~ _ _ .~ t .{ - f ~ ~ ~ ~ Z 1. ~ Y~~ . F -~.lf~-.1-. T .. .~ ~ n /+ ~t. - .. . ~ r t-Resolution--~F' .~ ~~ ~~-- '-.~ '~ . _• z - ~~ x-~ _ wp/cc Y ,~~ Effective ., ~ 9 r; vYa1 .37r~ st" F ~'~ x s ~.. _ ~ _ 't rsd yry ~.,;,: # -a ° - L _ t.. `z 'L ~.r Y `" r - ` t ~ •_ j: '~ t ~ ` A - '. ~' - d L µ ' - 54 ~ ~ : r ~ '. : - n _ ., _ , - i• ;. - -~ ., . ~~ RESO, 84µ 2 HIB`~IT aE 7 - _ _ _ _ .. - - .. i - - T - .. Yt ~.