HomeMy WebLinkAbout(1994, 01/24) - E-1 - AdoptedPUBLIC RECORDS ACT POLICY
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The purpose of this policy is to ensure a prompt and appropriate response
to all PRA requests.
POLICY:
This policy applies to all requests for documents made pursuant to
provisions of the Public Records Act (PRA) found in Section 6250 et seq of the
Government Code of the State of California. The PRA requires disclosure of
certain City documents within ten days unless there are extenuating
circumstances. The PRA requires disclosure of all public records unless those
records are exempt from disclosure or it is determined that the public interest in
non - disclosure significantly outweighs the public interest in disclosure. The City
is liable for attorneys fees and costs in the event a court orders release of
documents which the City has not disclosed.
To facilitate a prompt and appropriate response, all PRA requests shall be
processed as follows:
1. Any employee or officer receiving a PRA request shall, on the day of
receipt, deliver a copy of the request to the City Manager, City Attorney
and the Director of the Department(s) which may have custody of any
record requested.
2. The City Manager will record the PRA on a log in order to accurately
monitor compliance.
3. Any Department Director receiving a copy of a PRA request shall, within
three days of receipt, deliver a memo to the City Manager and City
Attorney briefly describing any document in the custody of the
Department that is the subject of the PRA request and briefly describing
any factors relevant to the public interest in disclosure and /or non-
disclosure.
4. The City Attorney shall within two days after receipt of the memo from
the Department Director(s) prepare and deliver to the City Manager a
memo which describes any exemption from disclosure which may be
applicable, evaluates the public interest in disclosure and non - disclosure,
and recommends an appropriate response.
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5. The City Manager shall respond to the PRA request within ten calendar
days after the request is received by the City. Copies of the response shall
be sent to the City Attorney and all affected Departments.
The City Manager's response shall contain, or be accompanied by,
direction to the Department Director(s) specifying the records to be duplicated
and in the case of computer data, the form of the information to be disclosed.
The City is obligated to produce the records upon payment of fees
covering direct costs of duplication or a statutory fee, if applicable. 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.
Adopted January 24, 1994