Board Policies
1450 Requests for Information
Public records are open to inspection during
office hours of the Superintendent-President, and every person has
the right to inspect any public record except those exempt by law
as hereinafter provided.
In general, "public records," include any writing containing
information relating to District business prepared, owned, used,
or retained by the District. "Writings" are defined by
the Public Records Act as handwriting, typewriting, printing, photostating,
and every other means of recording including letters, pictures,
sounds or symbols, and all papers, maps, tapes, film and prints,
cards, discs, drums, and other documents.
"Public records," "records," and "writings"
are used synonymously in this policy as matter of convenience.
A. Records Distributed for Use of Public Meetings
Agendas of public meetings and other records when distributed to
the Governing Board by a member, officer, employee, or agent of
the District, for discussion or consideration at a public meeting
are public records as soon as distributed.
These records,when distributed prior to commencement of a public
meeting, shall be available for public inspection without delay.
Records prepared by the Board or District distributed during a public
meeting shall be made available at the meeting. Records prepared
by other persons shall be made available as soon as practicable
after the meeting.
B. Closed Session Writings
Records distributed prior to or during closed sessions of the Governing
Board which are related to closed session matters are confidential
in nature and may be disclosed only as authorized by law as expressed
in Board Policy 1040.
At closed sessions of the Governing Board, those attorney-client
communications which relate to subject matters authorized for discussion
in closed session or which relate to pending litigation shall be
privileged and not subject to disclosure.
C. Availability of Other Records of the District
Copies of writings which are public records of the District are
available upon request during office hours at the Office of the
Superintendent/President.
All requests for public records shall be in writing. A form for
this purpose will be provided by the District.
Requests must include the date of the request, the name of the person
making the request and must reasonably describe identifiable records,
for example, the annual budget, board minutes for a particular meeting
or within a general time frame, resolutions or policies covering
specific subject matters, specific communications, etc. Any reasonably
segregable portion of a public record shall be provided after deletion
of any portions exempt by law.
Requests must be specific in nature and, to the extent reasonably
possible, provide a description, title, or subject matter, and the
date or time frame of the requested records.
Except for public records which are immediately or reasonably available,
the District will fulfill requests within 10 working days from the
date of the request. This period of time particularly extends to
requests which involve segregation of records or which involve appreciable
time and effort in searching, identifying, and/or locating records.
The date of the fulfillment of the request will be noted.
During meetings of the Governing Board, public records shall be
distributed upon request to persons in attendance.
D. Exceptions
Certain public records are exempt from disclosure by express statutory
provision. Among them are personnel, medical or similar files, the
disclosure of which would constitute an unwarranted invasion of
personal privacy, records pertaining to actual or pending litigation
and claims (until the litigation or claim is finally adjudicated
or settled), student records, collective bargaining and real estate
negotiations, and privileged material authorized by the Evidence
Code.
In general, records are confidential in nature and not subject to
disclosure when they are declared exempt by statutory provision
or when, by their nature and content, the public interest in withholding
the information clearly outweighs the public interest in disclosing
it.
Included in personnel files: are evaluations of work performance
and complaints or charges brought against employees, unless in the
latter instance the employee concerned requests a public hearing.
Privileged materials authorized for non-disclosure include attorney-client
communications, as authorized by Section 950 et seq., Evidence Code,
and the official information privilege authorized by Section 1040
et seq., Evidence Code.
E. Disputed Requests for Records
Requests for records which appear to be confidential or exempt from
disclosure shall be approved or denied within 10 days after receipt
of the request. The Superintendent-President shall notify the person
making the request of such determination and the reasons for it.
The 10-day period for review of disputed requests may be extended
for not more that 10 additional days under these circumstances as
prescribed by Section 6256.1, Government Code:
a. where there is a need to search for and collect the requested
records from field facilities or other establishments separate from
the office processing the request;
b. where there is a need to search for, collect, and examine a voluminous
amount of separate and distinct records demanded in a single request;
c. where there is a need for consultation, with all practicable
speed, with another agency having a substantial interest in the
matter, or among two or more components of the agency having such
interest.
Written notice of any such extension shall be given by the Superintendent-President
to the person making the request setting forth the reasons for the
extension and the date on which a determination is expected.
F. Fees
Public records shall be made available upon payment of fees covering
direct costs of duplication.
The Superintendent/President has established procedures for the
implementation of this policy. The procedures are located in the
Office of the Superintendent/President.
References:
The Public Records Act (# 6250 et seq., Govt. Code)
The Brown Act (# 54950 et seq., Govt. Code)
Evidence Code (# 950 et seq.; 1040 et seq.)
Board Policy # 1040 FOR INFORMATION
Revised and Adopted: 11-3-92, 4-4-95, 7-1-96