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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...