HomeMy WebLinkAbout2023-2 - Amending City Council Policy E-1 “Public Records Act Policy” to Comply with Recodification of the California Public Records ActRESOLUTION NO. 2023-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING CITY
COUNCIL POLICY E-1 "PUBLIC RECORDS ACT POLICY"
TO COMPLY WITH RECODIFICATION OF THE
CALIFORNIA PUBLIC RECORDS ACT
WHEREAS, the City of Newport Beach ("City") is governed by the Charter of the
City of Newport Beach, Newport Beach Municipal Code, and Council Policies;
WHEREAS, Council Policy E-1 outlines the procedure for responding to requests
for public records in order to ensure a prompt and appropriate response;
WHEREAS, effective January 1, 2023, the California Public Records Act has been
recoded from its previous location in California Government Code Sections 6250 et seq.,
to a new location in the California Government Code at Sections 7920.000 et seq.; and
WHEREAS, the City Council desires to amend City Council Policy E-1 to be
consistent with the newly recodified statutes adopted by the California legislature.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby amends City Council Policy E-1 as provided
in Exhibit 1, attached hereto and incorporated by reference.
Section 2: All prior versions of the City Council Policy E-1 that are in conflict
with the revisions adopted by this resolution are hereby repealed.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative portion of this resolution.
Section 4: If any section, subsection, sentence, clause or phrase of this
resolution is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Resolution No. 2023-2
Page 2 of 2
Section 5: Except as expressly modified in this resolution, all other City Council
Policies, sections, subsections, terms, clauses and phrases set forth in the Council Policy
Manual shall remain unchanged and shall be in full force and effect.
Section 6: The City Council finds the adoption of this resolution and the
amendment of Council Policy E-1 is not subject to the California Environmental Quality
Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this loth day of January, 2023.
GI I Y A I I URNEY'S OFFICE
Aaron C. Harp
City Attorney
Attachment: Exhibit 1 - City Council Policy E-1 (amended)
E-1
PUBLIC RECORDS ACT POLICY
PURPOSE
The purpose of this policy is to ensure a prompt and appropriate response to all Public
Records Act ("PRA") requests.
POLICY
This Policy applies to all requests for City of Newport Beach ("City") records pursuant to
provisions of the PRA found in Sections 7920.000 et. seq. of the Government Code of the
State of California. The PRA applies to records that are paper (hard copy) or electronic
(computerized) prepared, owned, used, or retained by the City. Generally, the PRA
requires disclosure of City records within ten (10) calendar days unless there is a statutory
basis for non -disclosure, "unusual circumstances" justify an extension of time, or the City
determines that the public interest in non -disclosure significantly outweighs the public
interest in disclosure.
To facilitate a prompt and appropriate response, all PRA requests shall be processed as
follows:
A. Each Department Director shall designate one (1) staff member, and one (1)
alternate staff member to serve as the PRA representatives for their department
("PRA Staff"). The City Clerk shall maintain a list of PRA Staff. Department
Directors shall periodically review the PRA Staff list to ensure it contains the most
current information.
B. Any City employee, officer, or Department Director (collectively, "Employee(s)")
receiving a written PRA request for City records shall, on the day of receipt, deliver
a copy of the request to their respective PRA Staff.
C. Any Employee receiving a verbal PRA request for City records should ask the
requester to confirm the request in writing and, if the requester declines, prepare
a written record of the request. The Employee shall then deliver a copy of the
request to their respective PRA Staff on the day of receipt.
D. Requests for City records must sufficiently describe the records sought so that
identification, location and retrieval can be accomplished. When a request to
inspect/copy a City record is received, and the request does not describe a
reasonably identifiable record, Employees are responsible to assist the requesting
party as reasonably necessary to identify the records they are seeking.
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E. City records may be inspected at any time during regular office hours. However,
as a practical matter, the City may need to locate the requested records, gather
multiple records, or redact exempt information prior to inspection. As soon as
possible but not more than two (2) business days after receiving a request for a
City record, PRA Staff shall review the request and proceed as follows:
1. If the request seeks a City record that is easily identifiable, locatable, and
disclosable (e.g., contracts, staff reports, City Council Policies, etc.), PRA
Staff shall respond directly to the requester with the City record(s) sought;
or
2. If the request seeks a City record that is not easily identifiable, that relates
to pending or anticipated litigation, involves multiple departments,
requires more than two (2) business days to compile responsive documents,
is not disclosable (e.g., personnel records, legal correspondence,
confidential informant information, etc.), or raises a question as to whether
the record is disclosable, the request shall be forwarded to the City Clerk's
PRA Staff, with a "cc" to the City Attorney's PRA Staff.
F. Within two (2) business days of receiving a request from PRA Staff, the City Clerk
or his/her designee shall review the request and proceed as follows:
1. If the request seeks a City record that is retained by the City Clerk's Office
the City Clerk or his/her designee shall respond directly to the requester
with the City record(s) sought; or
2. If the request seeks City records retained by a department or multiple
departments the City Clerk or his/her designee shall forward the request
to the responsible PRA Staff within each department with directions on
how to proceed. The City Clerk or his/her designee may designate one (1)
department's PRA Staff as the lead department to respond to the request or
may retain lead responsibility for a response within the City Clerk's Office,
in which case the City Clerk's Office will gather all responsive documents
and respond directly to the requester with the City records sought. If a
department's PRA Staff is designated with lead responsibility the
department shall gather all responsive City records from its own
department and other departments, if any, and shall respond directly to the
requestor with the City record(s) sought; or
3. If the request seeks City records that relate to pending or anticipated
litigation, City records that may not be disclosable, or City records that raise
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a legal question, the City Clerk or his/her designee shall contact the City
Attorney's Office for assistance.
G. The City Attorney's Office is available to assist the City Clerk's Office with any
questions or issues that may arise regarding a PRA request. The City Attorney's
Office shall evaluate all record requests referred by the City Clerk's Office and
recommend an appropriate response.
H. All PRA requests shall be responded to within ten (10) calendar days after the
request is received by the City unless "unusual circumstances", as defined in
California Government Code Section 7922.535(c) or any successor statute, require
additional time not exceeding fourteen (14) calendar days. The City Attorney's
Office shall be copied on all written requests for additional time.
I. Once a request is made to inspect a City record and the records identified are
located in the electronic communication system, the Employee having control of
the electronic communication shall use his/her best efforts, to temporarily
preserve the record until it is determined if the record is subject to preservation,
public inspection, or production.
J. All PRA requests for electronic communications should be handled in accordance
with this Policy, and departmental policy and direction. All electronic
communications that constitute an identifiable City record and that are not
privileged or exempt from disclosure shall be disclosed in compliance with the
applicable provisions of the PRA.
K. The City is obligated to produce disclosable City records upon payment of fees
covering direct costs of duplication or a statutory fee, if applicable (a fee is not
applicable to a request to inspect documents). The City is not entitled to recover
costs associated with searching for or retrieving the record unless specifically
authorized by State law. The requestor should be referred to the Finance
Department for payment of the costs of duplication prior to release of the records.
L. An Employee is authorized not to disclose City records pursuant to a PRA request
when:
1. The request does not reasonably describe an identifiable record after the
City makes a reasonable effort to elicit additional clarifying information to
help identify the record(s);
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2. The request requires the City to compile data, perform research or create
new records not currently in existence;
3. The request seeks records which are privileged or exempt from disclosure;
or
4. The request seeks records that cannot be reasonably separated from records
which are exempt from disclosure.
Any questions related to the applicability of a particular exemption shall be
referred to the City Clerk's Office and, if necessary, the City Clerk's Office will
refer the question to the City Attorney's Office (e.g., a request for a document
regarding a City Council communication, etc.). Any legal questions regarding a
request may be referred directly to the City Attorney's Office.
M. The City Clerk, with assistance from the City Attorney, will monitor compliance
with this Policy and State law regulating the PRA.
Adopted E-1 - 1-24-1994
Amended E-1- 4-23-2002
Amended E1-1-24-2012
Amended E1- 8-8-2017
Amended E1-1-10-2023
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2023-2 was duly introduced before and adopted by the City Council of said City at a regular meeting of
said Council held on the 101h day of January, 2023; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Noah Blom, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Robyn Grant, Council Member Lauren Kleiman, Council Member
Joe Stapleton, Council Member Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 111h day of January, 2023.
4(4i 4,
Leilani I. Brown
City Clerk
Newport Beach, California
}
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