(9)AR 040709 Records request policy

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ITEM #9 CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF APRIL 7, 2009 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: EILEEN C. GOMEZ, CITY CLERK SUBJECT: ADOPTION OF A RESOLUTION APPROVING A POLICY FOR HANDLING REQUESTS FOR INSPECTION AND/OR COPYING OF PUBLIC RECORDS DATE: MARCH 9, 2009 BACKGROUND Like all California cities, the City of Colton is required under the California Public Records Act (Gov. Code §§ 6250-6276.48) to make available for inspection and copying any City records that are not otherwise exempt from disclosure under State or federal law. Normally the City Clerk's Office handles Public Records Act requests received by the City. However, from time to time, various City departments receive requests for copies of City records. City staff members who are unfamiliar with the Public Records Act are often confused on how records requests should be handled or what time frames apply to responding to such requests. Last year, Police dispatchers received verbal requests for records during hours when City Hall offices are closed. The individual responsible for these requests is well known for seeking out public employees who are likely to be unfamiliar with the Public Records Act and asking them for copies of records. When the requests are not processed within the Public Records Act's time frame, this individual files a lawsuit against the cities. These particular requests were quickly forwarded to the department heads with no negative results. However, City staff would like to avoid any potential problems that may arise if records requests are mishandled in the future. DISCUSSION/ANALYSIS: To avoid potential problems and to provide guidance to both City employees and the public regarding records requests, Staff has prepared a policy that establishes a procedure for handling requests for inspection and/or copying of City records. The policy is authorized under the Public Records Act, which specifically allows public agencies to adopt regulations or guidelines stating the procedures to be followed when making public records available. (Gov. Code § 6253.4). The draft policy lists definitions and exemptions provided in the Public Records Act and establishes the following requirements for processing records requests: