HomeMy WebLinkAbout(2012, 01/24) - E-1 - AmendedE-1
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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 6250 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.
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:
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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 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 6253(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.
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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, Policy D-7 (Electronic Communications), 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);
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.).
M. The City Clerk, with assistance from the City Attorney, will monitor compliance with this
Policy and State law regulating the PRA.
Adopted - January 24, 1994
Amended - April 23, 2002
Amended - January 24, 2012