HomeMy WebLinkAboutResolution 7886 N.C.S. 09/06/1977solution No: N C: • K: m -
_.._7 PL '8 l;Z'
A .RE'SOL.UTION ADOPTING: PROCEDURES 'Ai. FEES FOR THE
DISS'EP�IINAThOIV OF ,RECO-RDS ;PURSUANT. T THE .CALIF;ORNIA;
`.PUBLIC RECORDS. A'CT ,
INTRODUCED BY COUNCILMAN Jack W Cavanagh, Jr and;
SECONDED BS.'.''COUNCILMAN Y _- Wi_lliam A Perry, Jr
. - - - - ..ate :a
Regular -
..... - -. - Meeting of the City Council. of the
,City, of Petaluma, on the 6th daY of .. September...: , '1977:..
VIi °EREAS' . tli'e; C,aT- ; forna, :Public ,Record's Ac.t (Gove,rnment Code
�r�52 0 to 6'2:60, in'clus °ive)`' was ena•c,ted into law by the'.; Leg; sl "atur:e.
it = ".V9:6 8 (St`at00 1961,8':, Chapter'' J 14 73) arid" amended from t °ime and.. •t.ime
�lere•after. °; and,
[�]IIEREAIs ". said Act- ,Provides that the City :may !adopt reg.u_la`
tioms . statih , g 'tl :e proce, ur:e's °to:' be fo.11owed..w•h6h, making its;. re.cord's
ava= .labae fo?r
in ' 6t arid, f permitt,n,g the ,C,;ty to require
the payment -
of a reasonable •fee: ,or deposit fo.r, a ,copy,, of an ide_nt- `
.; V
fiab'le public record o,r,: nfo:rmaton produced 'therefrom,; and,
`WHERE -AS-i -t •s deemed adv sable. ,by. the City Council: t,-a t the;
City o`f. Pet'aluma ,h'a've - a .u-1- i prm policy an re:gulatt' ons' pert °c ping to
the ins.pe.ct.on :o:f� public' records and the receipt of co'pies';,; thereof,
governing d ssemlhat- ion °o"f .,kn.,' ormation obt•aine'd in the "'course o'.f 'City
bus:n -ess, and .prescr'bn,g fees
'td-b& clza "rged - far `cop,ies of- public"
110W;; THEREFORE, BE IT RESOLUE'D that the document ,a'ttac'hed _
hereto, and, iEnI le Policy .anId ,Re`g, -Aat ons 'Govern -ing ,Access To,
Inspection: Of, and The Right° •to; Receive Copies' Of, Piib'lic Beco:rds;,•'
Reco•r,ds Are, Exempt From
S ecif" in Re "cords Or Condit'ion`s `Under Which
:.
Disclosure; Governing Dissemination` -0f Information Obtained In The
Cours?e Qf City B=usiness;' And 'Rreacribin_g. 'Fee_s - To Be ' Charged' For ,
Co pies ;qf ;'Public. Records" be, ' and the same is - here'by,_ 'appro•ved and
adopted, and sa d�'po'll -cy and ,reg•ulati'ons •sha -ll_ be e'f,fect ive'upon
ad
opt°
ion of thi=s res;oliition.;
B- ' - IT .FURTHE ;R RESOLVE46' :that all other °res,olutions or Parts_
o =f; resolution '5 in; conflict with or - - ncorisistent with.. the provisions
Of :t11i ; ; resolution - ar-e ;hereby °resc %nded as ,of the effective date hereof.,
under: the power and authority conferred upofi.,th�s Council 'by the'Charter'of said.City.
If .
,I h&el y certify J ,ihavthe foregoing iResolbtion was`' duly and regularly introduced and
p y 6;th
ado ted b the Council of the City' of Petaluma, on the
S ;eptember 77
- 19 - - --_ ... ... ,_, .by the following; votes::
AYES; Councilmen Bond, -.Cavana h H'arberson Hill - o'ss Pe'rr
- _f g y
a,nd' ?M ayor Putnam „
NOES None;
ABSENT: Council _man Bal
-
" ATTEST.
� PEP uTV City Clerk ;Mayoi= -
FORM CA 2 7 /,74. (� COU,NCIL FIL 5 ' , ' , t r
i .r V G - -
•
EXHI "A" TO
RESOLUTION `NO. N.C.,S..
POLICY AND REGULATIONS `GOVERNING ACCESS TO', •INSP_ECTION
OF, AND�THE RIGHT TO , RECEIVE COPIES OF.�, PUBLIC. RECORDS;
SPECIFYING RECORDS OR CONDITIONS UNDER WHICHRECORDS
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.
SECTION 1 - PURPOSE
It is; the purpose of °the City- Council of they. City of Petaluma in adopting
this policy and these regulations to provide rules and procedures in accordance -
with the California - Public 1Records. Act (SS 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.c`opies of.public records of the.City of Petaluma,
to govern the, dissemination of. public, information by City staff and to pre-
scribe a schedule of fees.or deposits to be charged -for copies of public
records which are not exempt, °from disclosure...
SECTION';2 -- DEFINITIONS.
Unless the context otherwise: requires, "the fo'l 'owing..definitions shall
apply in the interpretation _of . thesse rules and. ,regula ors :.
"City" .means the City of Peta-l'uma,.
"Gi'ty Attorney" means the City Attorney of the City of Petaluma.
"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 corpor-
a'tion;,district; p.olitical•subdivision; 'or any board, commission or agency
: thereof , .
" means ariy natural person, corporation,, partnership, .firm, or
association, 'and' includes: any' newspaper radio or televis 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'hAndwrit ng,, typewr,it rig, printing:, photostating, photo-
graphing:, and every' other means of recording upon any form of communiacation. or
r'epresentati'on, including letters, words, pictures, sounds, -or Symbo s., -or
combination - 'thereo - f , and al a ers ma m a g netic or a er, tapes 'photQ:
P P � m a p s, g P P
. graphic films, and prints, magnetic or pVnch:ed cards, discs, drums, and other
documents,. . ' -
SECTION 3' -- ;RIGHT.TO INSPECT RECORDS
The. public records of the .City are open to inspection at all times during
regular off ice hours, and every' per -son. has a sight 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 direct -ion 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 whethe -k. a; `public record is exempt from disclosure, the
y shall, be so advised and his'determinaton sought. The department
City . Attorne.
head or his ,designated representative- shall, upon request of -the person
access�to any public record, justify, withholding such recdt-- d'by. demonstrating
that the record in question is exempt under !express provisions of these regu-
lations,, or .applicable law,:;s not a record kept by City or department:, or
that on the facts of. the particular case- the, public interesa served by not
making the record.publ -ic clearly outweighs the public interest served by dis-
closure of the record.
SECTION :4 RECORDS. EXEMPT FROM DISCLOSURE'
The following publ c.rec6rds are exempt from disclosure:
(1'')' Preliminary drafts notes, or interagency or intra agency memoranda,
which are not retained by . City in the ordinary cqurse 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, provided that th'e interest in;uithhold ng such records
clearly outweighs. the '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= w,i`tl, 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 f- ile.s, the disclosure of which would
constitute an unwarranted invasfon'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
r'egulat °ion or-s,upervL`ion of the issuance of securities or of financial in-
s`t tutions, includ ng,'but not limited to,, .banks,, savings and loan associa-
tions,, ;ndusa-rial loan. companies, credit unions., and, insurance; companies;
(b) tkAm on, operating, or condition reports prepared by, or on
behalf: of, - or for the use of any state agency referred to in subdivision (a),
(c)' Preliminary drafts, notes or interagency or.intraageney commu,
nications prepared' by, on behalf of or for the use of any state agency re-
f;erred. to in, subdivision (a); or
-;2-
(d) Information received in confidence by 'any state referred
to in subdivision (a).
(5), 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 .`f`rom any person;
(6) Records of complaints to.or investigations conducted by, or records
.of intelligence information or security procedures of, the office of the Attor-
ney General and the Department of Justice, and any state or local-police
agency,?or any such investigatory or " security -files :compiled by any other state
or local agency for correctional, 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 -parties involved 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 cl aim, has;'been or might 'be made, and any person suf -.
f'ering ` $ bodily injury or property' ,d!amage as the result of the incident caused by
arson, burglary, fire,, explosion robbery vandalism, or a, crime of violence as
defined:;by subdivision (b) of Section 13960, unless the disclosure would en-
danger '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.
(7') Test questions, scoring keys., and other examination data used •to
administer a licensing examination, examination for employment, or academic
examination;
(8') The cont`enta.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" f6 prospective public supply
and construction contracts, until such time as all of the property has been
acquired or all.,,of the contract agreements obtained,, provid'ed,.however, the law
of eminent domain shall not b.e affected by this provision;
(9.) Informati
on. required for any-taxpayer in connection with the collec-
tion of local taxes which is received, in,coiifidence and the disclosure of the
information to other.persons would result, in ;unfair competitive disadvantage to
the person supplying such information;
(10) 'Library and museum materials made or acquired and` presented solely
for reference:or exhibition purposes; and
(-11) Records the of which is exempted ;or prohibited pursuanL to
pfrovisions 'of' federal or state law, including, but not, limited to, provisions
of the Ev- idence Code relating to privilege;
(12) Statements of personal worth. or per:sohal. :financ al data required by a
licensing agency and, filed by an applicant with such. licensing agency to estab-
fish his personal.qualifidation for the license,, certificate, or permit applied
for.
(13) Statewide;. county; city'; and district initiative, referendum,.and
recall 'petitions and all memoranda prepared by the .county clerks in the exami-
nat of such petitions indicating which registered voters: have signed parti-
cu 1p
to insectionnexcept. alriot be .deem c ed to be publi record's and shall not be open
p by the public officer or pub -lic employees who have the
duty of' receiving, examining or preserving such`petitions, or- who are respon-
s.ible for the preparation of;, such tmemoranda.
Nothing in this Section 4:is to be cons-trued '- as „preventin.g the City
Council ;from opening records': cQncerriing the •admInistrat,ion of the City to
public nspect on,'unl;ess.disclosure is otherwise prohibi by. law.
SECTION 5 -= .COP,IES.OF RECORDS:
Any person, may receive a, copy of any =ident'ifi'able public record of the
City= which is. not exempt from disclosure, or copy, thereo °f Upon request, an
ded..unle's impracticable ,to do so. At the time that a
exact,co:py shall be prov
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°: P,ub Recor-�ds. are Requested which is
set fott,h in Appendix I attachea,he'reto and incorporated herein by this refer-
ence. -,Computer data shall be pr.oyded in a form determined by the department
head, subjeet to approval of' the City Manager. No fees. shall be chargeable to
the United States., the State .of Ca- 11fo "rnia, or any local public agency, or to
any federal, state,'or local public, officer or employee' wlen acting within the
course and scope of his office or .employement for any copies of such records,
unless actual cost of a requested record is excessive, in the discretion of
the of f icial : nvol- ued.,,
SECTION; 6 -- RELEASE OF INFORMATION
Other than public records which are not exempt . from.'disclosure, no person
is entltied. receive infortlation obtained the course of City business as a
matter of right excep,t ,under - prbcess 'of. law'., Public .Information of .a nonconfi
d-entia.l,, nonsensit ve, r- outine; or, follow -up nature= may be disclosed in the
ordinary, course of C ty,' busi If such information is of a confidential or
sensitive nature, it s'hall'not be .disclosed except upon direction of the de-
partmenf head or his authorized representative,, who shall secure permission of
the City Manager prior t'o disclosure, - unless relase of the information has been
authorized. by - directive, of, ,the. City Qouncil or the-1, Manager.. Before
., issuing any news relase which is likely to.be widespread community interest,
or is' likely to cause public controversy, the,depar "tment: head, or his author -
i,ze_d representative, shall determine that the City Council is aware of, and the
'City Manager has r,,b objection to, the release:::
S� CTION 7" -- SURPLEMENTAL kECULATIONS
-Departments heads: may,. the consent of the City Manager, pr.omul'gate
regulations 'to ,supplement the provisions of this °policy and.these regulations -
when such -is deemed nec-e "ssary. . or advisable.
SECTION 8 -- EFFECTIVE DATE
These •rules aid regulations.,, including Appendix` I, shall take - effect, and
be 'in. full force and • effect from" and after August 29,. 197 T.
-4-
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 .
GENERAL DOCUMENTS
UNIT
BY UNIT
Co b copier.
Copy Y P
Each a e l-us active
P g_ (p.
.$0.10
Type of machine: electrostatic,
record search copy=
thermal, xerox, etc.
ing amounts - " minimum
Size of paper:- $2" x 11" to
.75)
' 11" x 17"
Co py Y b ozalid'': maps' and drawings'
lst print
1.5`0
(82" x 11" to 36" x 4'8 ")
{
each additional print
1.00
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 (mnimum'f.ee $2.5
(minimum deposit $7.50)
NOTE Individuals' filing appeals under
procedures set forth in
City ordinances shall receive two; hours '(one, time) with
out charge.
' Active record searches and copying,
per hour
labor
Search time for inactive .rec,or.ds in
per hour.
7.50 --
storage (minimum fee'$2.50)
Pr,epar. ng verbatim written transcr: p-
per hour
7.50*
tion from tapes (minimum fee $7.50)
Co pies of tapes,.
Actual cost of
,opies available only on cassette)
materials plus
iLi`Lmiun dep:osia $7.;50
$7.50 /hr. labor
for copying.
1.. Documents in ,sto,ck- and printed
lst sheet
0,25
each add:1tional i qheet
0.10
of same document
APPENDIX
I (Continued)
FEE OR DEPOSIT
SPECIAL DOCUMENTS
UNIT
BY UN IT
�.
Municipal Code
with binder
$ '*
Zoning Or:din:ance, .Subd'ivision,Ordriance,
$
General Plans, Growth Management Plan,
etc.
.
Uniform Codes
a. Building,
per 'code
$
b. Electrical
per, code
$
C. Fire Prevention
per -code
$*
d > . Housing,
per code
$ **
e. Mechanical
per'. code
f. Plumbing
per code
$*
'F.
Standard Specifications
per set of, specifications $10.00
Police Accident Reports- and. 'Pho;to -_
per report
$ 3.00
graphs (8 x 10'''') _
each "additional copy
3.00
per. photograph
.5.00
Budget
per copy of, budget
1.0.00
;:Special Reports Prepared by
per: report
$
Consultants-of Departments'
Computer Data.: - Use of Equipment
'per hour
$15.00
and Personnel' =
Person making request to deposit estimated fee.. ..Estimate• of time to be given
when" order is taken. `
Fee based on current actual . cost and
subject to change without
notice.
Actual cost of reproducing 'copy plus
10% for handl%ng•.
If any document cann`ot,'be reprod';uced.
by use, of, City e;q� pment,"
then: the charge
- .'real
-1 be the actu'a'l cost of reprodue!tion,
plus 10.7.• for ;handling...