HomeMy WebLinkAboutResolution 92-248 09/21/1992-: ~~:
Resolution No. 92-248 N.C.S.
of the City of Petaluma, California
POLICY
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council o the City of Petaluma at a (Regular) (~jaQrned) (S~eeial) meeting form
1st Se tember 9
on the ..-•----• ................. day of .............-..p........--••---.........................., 19........?by the ~'y_~~~\
following vote: ........--• .................
City Attorney
WHEREAS, the California Public Records Act (Government Code Section 6250 to
6260, inclusive) was enacted into law by the Legislature in 1968, (Statutes 1968, Chapter
1473) and amended from time to 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 thereof. governing dissemination of information obtained in the course of City
business, and prescribing fees to be charged for copies of public records.
NOW, THEREFORE, BE IT RESOLVED that the document attached thereto, 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" is hereby in
effect.
BE IT FURTHER RESOLVED that Resolution 84-162 NCS is hereby repealed.
Under the power and authority conferred upon this Council by the Charter of said City.
AYES:
NQES:
MODIFYING FEES FOR DISSEMINATION OF RECORDS
PURSUANT TO
THE CALIFORNIA PUBLIC RECORDS ACT
REPEALING RESOLUTION 84-162 NCS
Read, Davis, Woolsey, Vice Mayor Cavanagh, Mayor Hilligoss, Sobel,
Nelson
None
ABSENT: /~
ATTEST : .. ....... .........................................................."".(.........................
,ty Clerk
(bunch File..._ ...............................
CA 10-85 Res. No . .............................. N.C.S.
RESO.~~,,_ 2~~Nr~
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f ~~ RED®. J `? ° 2 4~ N C S
EXHIBIT A T® RES®LUTION N®. ~ , N.c.s.
POLICY AND REGULATIONS GOVERNING ACCESS TO, INSPECTION
OF, AND THE RIGHT TO RECEIVE COPIES Off, .PUBLIC RECORDS;
SPECIFYING RECORDS OR CONDITIONS UNI~ER~WHICH RECORDS
ARE EXEIVIPT FROIVI DISCLOSURE; GOVERNING DISSEMINATION OF
INFORIVIATION 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 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; et sec . 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 are not exempt
from disclosure.
SECTION 2 -DEFINITIONS
Unless the context otherwise requires, the following definitions shall apply in the interpretation
of these rules and regulations:
"City" means the City of Petaluma.
"City 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 corporation; district; political
subdivision; or any board, commission or agency thereof; other local public agency; or non-
profit organizations of local government agencies; and officials which are supported solely by
public funds.
"Person" means any natural .person, corporation, partnership, firm, or association, and
includes any newspaper, radio or television station, or other news medial.
"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, photostating, photographing, and every
other means of recording upon any form of communication or representation, including letters,
words, pictures, sounds, or symbols, or combination thereof.
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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
records 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/her determination sought. The department head, his designated representative
or the City Attorney shall, upon request of the person seeking access to any record in question
(a) is exempt under express provisions of these regulations, or applicable law; (b) is not a
record kept by the City or department; or (c) 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.
SECTION 4 -RECORDS EXEMPT FROM DISCLOSURE
The following public records are exempt from disclosure:
1. Preliminary drafts, notes, or interagency or infra-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, provided that the public interest
in withholding 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 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 contract 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 referred to in subdivision (a).
(c) Preliminary drafts, notes or interagency or infra-agency 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 by any state agency referred to in
subdivision (a).
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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 investigatory or
security files compiled by any other state or local police agency, or any investigatory or
security files compiled by any other state or local agency for correctional, law
enforcement or licensing purposes, except that state and local law enforcement agencies
shall disclose the names and addresses of persons involved in, or witnesses, other than
confidential informants, to the victims of 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 or loss as the result of the incident
caused by arson, burglary, fire, explosion, larceny, robbery, vandalism, vehicle theft
or a crime as defined by subdivision (b) of Government Code 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. However, nothing herein shall require the disclosure of that
portion of those investigative files which reflect the analysis of conclusions of the
investigating officer.
Other provisions of this subdivision notwithstanding, state and local law 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, current address, and occupation of every individual arrested by
the agency, the individual's physical description 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 all charges the individual is
being help upon, including any outstanding warrants from other jurisdictions
and parole or probation holds; and
(b) The time, substance, and location of all complaints or requests for assistance
received by the agency and the time and nature of the response thereto,
including, to the extent the information regarding crimes alleged or committed
or any other incident investigated is recorded, the time, 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, 264, 264.1, 273a, 273d, 273.5, 286, 288, 288a, 289, 422.6,
422.7 or 422.75 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.
Other provisions of this subdivision notwithstanding, state and local law
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:
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(1) The full name, address, and. occupation of every individual arrested by
the agency, the individual's physical description 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 all charges the individual is being help upon,
including .any outstanding warrants from other jurisdictions and parole or
probation holds.
(2) The time, substance, and location of all complaints or requests for
assistance received by the agency and the time and nature of the response
thereto, including, to the extent the information regarding crimes alleged
or committed or any other incident investigated is recorded, the time,
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, 264, 264.1, 273a, 273d,
273.5, 286, 288, 288x, 289, 422.6, 422.7 or 422.75 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. The name of a victim of any crime defined by Section 261,
264, 264.1, 273a, 273d, 273.5, 286, 288, 288a, 289, 422.6, 422.7 or
422.75 of the Penal Code may be withheld at the victim's request, or at
the request of the victim's parent or guardian if the victim is a minor.
When a person is the victim of more than one crime, information
disclosing that the person is a victim of a crime defined by Section 261,
264, 264.1., 273x, 273d, 273.5, 286, 288, 288x, 289, 422.6, 422.7 or
422.75 of the Penal Code may be deleted at the request of the victim, or
the victim's parent or guardian if the victim is a minor, in making the
report of the .crime, or of any crime or incident accompanying the crime,
available to the public in compliance with the requirements of this
paragraph.
7. Nothing in these regulations shall require the disclosure of records pertaining to minors
which are governed by other statutory provisions, including but not limited to Welfare
and Institutions Code Sections 825, et sec ., 827, 828, 828.1 and 830. Pursuant to
those sections, juvenile arrests and police records are generally closed to inspection
absent an appropriate court order.
8. 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.
9. The contents of real estate appraisals, engineering or feasibility estimates and
evaluations made for or by the City, or another state or local agency relative to the
acquisition of property, or to prospective public supply and construction 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
provisions.
10. 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
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would result in unfair competitive disadvantage to the person supplying such
information.
11. Library circulation records kept for the purpose of identifying the borrower of items
available in libraries, and library and museum materials made or acquired and
presented solely for reference or exhibition purposes. The exemption in this
subdivision shall not apply to records of fines imposed on the borrowers.
12. 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.
13. Correspondence of and to the Governor or employees of the Governor's office or in the
custody of or maintained by the Governor's legal. affairs secretary, provided that public
records shall not be transferred to the custody of the Governor's legal affairs secretary
to evade the disclosure provisions of this chapter.
14. 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
qualification for the license, certificate, or permit applied for.
15. Information contained in applications for licenses to carry concealed weapons issued by
the sheriff of a county or the chief or other head of a municipal police department
which indicates when. or where the applicant is vulnerable to attack or which concerns
the applicant's medical or psychological history or that of members of his or her
family.
16. 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
public employees who. have the duty of receiving, examining or preserving such
petitions or who are responsible for the preparation of such memoranda and, if the
petition is found to be insufficient, by the proponents of the petition and such
representatives of the proponents as may be designated by the proponents in writing.
All other inspection of election petitions shall be as provided in Government Code
Section 6253.5 or other applicable law. Statements of candidates filed under Elections
Code Section 10012 shall not be released until the expiration of the filing deadline.
17. Such other matters as may be identified as exempt from disclosure by the California
Public Records Act and subsequent amendments thereto, and/or other applicable law.
Nothing in these regulations 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 receive a copy of any identifiable public record of the City which is not
exempt from disclosure. 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
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,.
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
local 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.
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 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 a CP9 ^ ~ qn~~ ,and as thereafter amended.
c:\word5\reso.doc
10/6/92 (fmk)
rev. 10/20/93 (fmk)
~tES®. 9 2
248NCS
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APPENDIX I
SCHEDULE QF EEES OIt„DEPOSITS
TO BE COL"LECTED WREN COPIES
OF PUBLIC RECORDS ARE REQUESTED
ALL AMOUNTS TO BE COLLECTED IN ADVANCE
GENERAL DOCUMENTS UNIT BY UNIT FEE
FEE OR DEPOSIT MINIMUM
Copy by copier Each page $ 0.15
Type of machine: electrostatic,
thermal, xerox, .etc.
Size of paper: 8 1/2" x 11" to
11" x 17"
Copy by ozalid: maps and drawings
(8 1/2" x 11" to 36" x 48")
Aerial Photos
81/2"x 11 " to 36" x 48"
Print from microfilm
1st print
Each additional print
1st print
Each additional print
1st print
Each additional print
$-~: AA $S. 00
~ ~: ~ $2.00
$10..00
$ 4.00
$ 1.00
$ .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 $_.00* $ 5.00
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
storage
Preparing', verbatim written
transcription from tapes
Copies of tapes
(copies available only on cassette)
Per hour
Per hour
Per hour>
Actual cost
(labor and materials)
$ * $ 5,00
Documents in stock and printed
RESO. EXHIBIT
$ **
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SO
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SPECIAL DOCUMENTS
Municipal Code
Zoning Ordinance, Subdivision
Ordinance, General Plans, Growth
Management Plan, etc.
Uniform Codes
a. Building
b. Electrical
c. Fire Prevention
d. Housing
e. Nleehanical
f. Plumbing
Standard Specifications
Police
Accident Reports
Crime Reports
Photographs (8" x 10")
Black & White
Color
Budget
(except to other agencies)
Special Reports Prepared by
Consultants for City Departments
Computer Data =Use of Equipment
and Personnel
Per code
Per code
Per code
Per code
Per code
Per code
Per .set of
specifications
Per report
Per page
Per photo
Per photo
Per copy
Per report
Per hour
$10.00
$ 8.00
$ 2.00
$10.00
$.15.00
MINIMiTM
FEE
$10.00 max
$ 5.00
$ **
*Person :making request to deposit estimated fee. Estimate of tune to be given when order is taken.
Fee based on current actual cost (labor and materials) and subject to change without notice.
**Actual cost of reproducing copy plus 15% for handling.
If any document cannot be reproduced by use of Gity equipment, then the charge will be the actual
cost of reproduction, plus. `15 % for handling.
Resolution # N.C.S.
Effective: S Fp 2
fees2/agenda/a:
APPENDIX. T (CONTINUED)
FEE OR .DEPOSIT
UNIT BY UNIT
With binder $
RESO. EXHIBIT
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