Loading...
HomeMy WebLinkAbout1986-09-17; Municipal Water District; Resolution 517RESOLUTION NO. 517 RESOLUTION OF THE BOARD OF DIRECTORS OF COSTA REAL MUNICIPAL WATER DISTRICT ADDING ARTICLE 8, A PUBLIC RECORDS POLICY TO THE ADMINISTRATIVE CODE WHEREAS, the Public Record Laws require the District to provide records to the public upon request, and WHEREAS, it is in the best interest of the District to establish an official policy for handling requests from the public; NOW THEREFORE, THE BOARD OF DIRECTORS OF THE COSTA REAL MUNICIPAL WATER DISTRICT DOES HEREBY DETERMINE AND RESOLVE that the Administrative code is hereby amended in the attached - exhibits . ADOPTED, SIGNED AND APPROVED this 17th day of September, 1986. Boar@f DirecFors COS REAL MUNICIPAL WATER DISTRICT Fred W. Maerkl'k ,Aecretarv - WATER DISTRICT c COSTR REAL MUNICIPAL WAER DISTRICT I I 8 1 Page 1 of 9 I TITLE: PUBLIC RECORDS POLICY - I ADMINISTRATIVE CODE Latest Revi s ion September 17, 1986 I ARTICLE 8. PUBLIC RECORDS POLICY Sec. 8.1. Requests for Public Records 8.1.1. Policy Public records of the District shall be open to inspection during regular off ice hours of the District. "Public records" are all records of the District except those which are exempted from disclosure by the California Public Records Act (Government Code Section 6250 et. seq.). 8 . 1 . 2. Definition (A) "Public - Records" includes any writing containing information relating to the conduct of the public's business prepared,-owned, used or retained by the District regardless of physical form or characteristics. (B) "Writinq" 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 a combination thereof and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punch cards, discs, drums and other documents. 8.1.3. Records Exempt from Disclosure (A) In accordance with Government Code Section 6254, the following records are exempt from and shall not be disclosed: (1) Preliminary drafts, notes or interagency or intradistrict memoranda which are not retained by the District in the ordinary course of business, provided that the public interest in withholding such records clearly outweighs the public interest in disclosure; COSTA REAL MUNICIPAL WAER DISTRICT . . . -. ...- __ . . . ADMINISTRATIVE CODE 8 I Page 2 of 9 TITLE: PUBLIC RECORDS POLICY Latest Revis ion September 178 1986 8.1.3. Records Exempt from Disclosure (continued) Records pertaining to pending litigation to which the District is a party, or to claims made pursuant to Division 3.6 (commending wlith Section 810) of Title 1 of the Government Code, until such litigation or claim has been finally adjudicated or otherwise settled; Personnel, medical or similar files, the dis- closure of which would constitute an unwar- ranted invasion of persona 1 privacy; Geological and geophysical data, plant produc- tion data and similar information relating to utility systems development, or market or crop reports, which are obtained in confidence from any person; Test questions, scoring keys, and other exami- nation data used to administer a licensing examination, examination for employment or academic examination; The contents of real estate appraisals, engi- neering or feasibility estimates and evalua- tions made for or by the District 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 agreement obtained, provided, however, the law of emi- nent domain shall not be affected by this provision; Information required from any taxpayer in con- nection with the collection of local taxes which is received in confidence and the dis- closure of the information to other persons would result in unfair competitive disad- vantage to the person supplying such infor- mation. COSTA REAL I Page 3 of 9 MUNICIPAL WATER DISTRICT _. . ADMINISTRATIVE CODE TITLE: September 17, 1986 8.1.3. Records Exempt from Disclosure (continued) (8) Library and museum materials made or acquired and presented solely for reference or exhib- ition purposes; and (9) Records, the disclosure of which is exempted or prohibited pursuant to provisions of federal or state law, including but not limited to, provisions of the Evidence Code relating to privilege. (B) The District shall withhold from inspection any record that is exempt under the express provisions of the California Public Records Act, including those items set forth above, and may withhold any other record if on the facts ofthe particular case the public interest served by not making a record public clearly outweighs the public interest served by disclosure of the record. (Govt. Code Section 6255 1 The Board of Directors has determined that the public interest is served by not making public the names, addresses and billing information regarding its customers since the indiscriminate disclosure of such information could constitute an undue invasion of the right of privacy of its customers. Any person seeking such information may file a written appeal with the General Manager of the District in the manner provided in these rules. Thereafter, the Board of Directors shall, on the facts of the particular case, determine whether the public interest served by not making the record public clearly outweighs the public interest served by disclosure of such record. 8 . 1.4. Procedure (A) Any person desiring to inspect any public record shall identify himself/herself and shall present a written request identifying the records to be inspected. COSTA REAL MUNICIPAL WATER DISTRICT .. ... - - . . . . . ... . - ADMINISTRATIVE CODE 8.1.4. Procedure (continued) 8 1 Page 4 of 9 TITLE: PUBLIC RECORDS POLICY La t e s t Rev i s i on September 17, 1986 (B) The General Manager of the District shall determine whether the requested record is subject to inspection. If the General Manager of the District is uncertain whether the record is exempt from dis- closure under the California Public Records Act, or whether, on the facts of the particular case, the public interest served by not making the record public clearly outweights the public interest served by disclosure of the record, he/she shall consult with counsel for the District. If the General Manager of the District refuses to permit inspection of any record, the person seeking such inspection may appeal the decision of the General Manager of the District to the Board of Directors. Such appeal shall be made in writing and shall be filed with the General Manager of the District not laterthan10workingdays after the refusal ofthe General Manager of the District to permit inspection. (C) The Board of Directors shall consider and rule upon the appeal within 30 days after the filing thereof and shall thereupon notify the applicant in writing of its decision. If the applicant has filed a written appeal with the Board, the applicant shall be notified of the time and place of the meeting of the Board to consider the matter, and the applicant may appear in person before the Board when the matter is heard. If the Board fails to give written notice of its decision within 35 days of the filing of the appeal, the appeal shall be deemed denied. (D) Inspection of public records shall be made only in the District office, and no document shall be removed therefrom. A representative of the District may be present during the inspection of any records. COSTA REAL ~ MUNICIPAL WATER DISTRICT .- - - .___ ADMINISTRATIVE CODE I 1 TITLE: PUBLIC RECORDS POLICY Latest Revi s ion September 17, 1986 . 8 I Page 5 of 9 8.1.4. Procedure (continued) The District will make every effort to cooperate with the persons seeking to inspect documents; how- ever if the request is to inspect a substantial quantity of documents or documents not readily available, the District shall have a reasonable period of time to collect such records and may require the inspection of such records to take place at a future date. Any person may obtain a copy of any identifiable public record. Upon request, an exact copy shall be provided unless impracticable to do so. Computer data shall be provided in a form determined by the District. A request for a copy of an identifiable public record or information produced therefrom, or a cer- tified copy of such record shall be accompanied by payment of a reasonable fee not exceeding the actual cost of providing the copy. The current schedule of reproduction costs shall be maintained by the District. This public records policy of the District shall at all times be subject to the California Public Records Act as it may be amended from time to time, and if there is any conflict between that act and this policy, the act shall prevail. COSTA REAL MUNICIPAL - WATER DISTRICT .__ ADMINISTRATIVE CODE TITLE: F UBLIC RECORDS POLICY Latest Revision September 17, 1986 ARTICLE 8. PUBLIC RECORDS POLICY (continued) Sec. 8.2. Standard Reproduction Cost for Maps and Other Public Records t 8 . 2 . 1. Policy Maps and other public records which can be reasonable reproduced shall be copied for the public at a charge not to exceed the actual cost of providing the copy. 8.2.2. Reference Practice The Public Records Policy of the District shall control in areas of question regarding accessibility of records to the public. All record information shall only be released with the approval of the General Manager of the District . 8.2.3. Fees Type of Copy Xerox Photo Copy 8-1/2 x 11" or 8-1/2 x 14" Multi Reductions Ozalid Copies 24 x 36" Roll stock Sepia stock Prevailinq Cost $0.10 each $0.10 each reduction $5.00 $0.85 per square ft. $1.10 per square ft. 8 . 2.4 Procedure (A) Whenever possible or practical, copies of maps, drawings or printed material shall be made in the District's office at the same time as other printing is being done for District pufposes. (B) Should it be impossible or impractical to accomplish requested reproduction work in the District office, original documents other than water plat sheets may be checked out to a bonded reproduction company. COSTR REAL TITLE: PUBLIC RECORDS POLICY La t es t Rev i s i on . September 17, 1986 MUNICIPAL WAER DISTRICT . __ .. . . ADMINISTRATIVE CODE 8 I Page 7 of 9 Sec. 8.2.4. Procedure (continued) (C) Staff shall require the bonded reproduction company messenger's signature on the approved document check-out slip before releasing the document(s).. (D) The approved document check-out slip shall contain the document number; the title; a description of the document taken; the name, address and telephone number of the reproduction agency checking the document out; and the time and date the document was released. (E) No document shall be released from the District office for more than 24 hours, (F) The approved document check-out slip shall take the following f om: DOCUMENT CHECK-OUT SLIP Document Number Document Tit le Firm's Name Address Telephone Number Person Taking Document Document Released Date Time Document Returned Date Time (signature) COSTR REAL MUNICIPAL WAER DISTRICT ADMINISTRATIVE CODE Page 8 of 9 8 TITLE: PUBLIC RECORDS POLICY Latest Revis ion September 17, 1986 ARTICLE 8. PUBLIC RECORDS POLICY (continued) Sec. 8.3. Standard Costs for Staff Time Spent in Preparation of Responses to Public Requests 8.3.1. Policy Requests from the public requiring utilization of staff time in excess of one hour shall be charged to the requesting party at a charge not to exeed the actual cost of providing the service. 8.3.2. Reference Practice The Public Records Policy of the District shall control in areas of question regarding accessibility of records to the public. 8.3.3. Fees Charges shall be based on the actual time spent preparing the response to the request. Calculation of the amount to be charged for the request shall be at the hourly rate of the employee doing the work times a 15% overhead rate . 8 . 3 . 4 . Procedure (A) Any person desiring the District to spend time preparing a response to a request shall identify himself-herself and shall present a written request detailing their request. (B) The General Manager of the District shall determine whether the requested information is within the abilities of the staff to respond to. If the General Manager of the District is uncertain whether the request is exempt from disclosure under the District's Public Records Policy, he/she shall consult with counsel for the District. If the General Manager of the District refuses to respond to the public request, the person seeking such request may appeal the decision of the General Manager to the Board of Directors. Such appeal shall be made in writing and shall be filed with COSTA REAL I 8 I Page 9 of 9 MUNICIPAL WAER DISTRICT TITLE: RECORDS POLICY ADMINISTRATIVE CODE September 17, 1986 8.3.4. Procedures (continued) the General Manager of the District not later than 10 working days after the refusal of the General Manager of the District to respond to the request. The Board of Directors shall consider and rule upon the appeal within 30 days after the filing thereof and shall thereupon notify the applicant in writing of its decision. If the applicant has filed a written appeal with the Boardr the applicant shall be notified of the time and place of the meeting of the Board to consider the matter, and the applicant may appear in person before the Board when the matter is heard. If the Board fails to give a written notice of its decision within 35 days of the filing of the appeal, the appeal shall be deemed denied. (D) An estimate of the time required and the applicable rates shall be provided the applicant before the work is performed. If the applicant is in agreement that the work should proceed, the applicant will be asked to provide the District with a deposit equal to the estimated cost of the work . (E) The District shall perform the requested work as time is available in the schedules of the staff required. (F) The applicant shall be notified when the requested work has been completed? and a summary of actual time versus the original estimate shall be prepared . (GI The applicant shall pay to the District any charges incurred by the District in excess of the original estimate before the requested information is given to the applicant. If the actual time spent on the project is less than the estimate, the District shall refund to the applicant any difference in the next scheduled accounts payable processing routine. STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 1 ss I, FRED W. MAERKLE, Secretary of COSTA REAL MUNICIPAL WATER DISTRICT and of the Board of Directors thereof, do hereby certify that the foregoing Resolution was duly adopted by the Board of Directors of said District at a regular meeting of the Board held on the 17th day of September, 1986, and that it was adopted by the following vote: AYES : Directors: Almack, Maerkle, Haasl, Kelly and Bonas NOES : Directors: None ABSENT: Directors: None COSTA REAL MUNI @L WATER DISTRICT and the Board o Directors thereof