HomeMy WebLinkAbout1994-390
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RESOLUTION NO.
94-390
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING REVISED
PROCEDURAL RULES AND REGULATIONS FOR ACCESS TO PUBLIC RECORDS
UNDER THE CALIFORNIA PUBLIC RECORDS ACT; REQUIRING THE PAYMENT
OF FEES FOR COPIES AND CERTIFICATION OF PUBLIC RECORDS; AND
REPEALING RESOLUTION NO. 88-423.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
RECITALS
SECTION 1.
WHEREAS, the California Public Records Act requires that
every citizen shall have the right to inspect any public record
during the office hours of the City of San Bernardino; the
following procedures are established for the provision of such
access.
SECTION 2.
(A) Any person desiring to inspect public records shall
first describe to the department/division head or other
authorized personnel (hereinafter "custodian") the public
record or records desired to be inspected. No statement of
reason for the inspection shall be required.
(B) Upon receipt of a request by any person for a copy of
any public record, the custodian shall, as soon as practical,
make available to that person a copy of such record unless the
record is exempt from disclosure under the provisions of the
California Public Records Act.
(C) The custodian shall eBtablish procedures for the
inspection of photographic films and prints, magnetic tapes,
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94-390
punched cards, drums, and the like, for the form in which
computer data shall be provided for inspection, and for
furnishing the information contained in a record which is
impractical or infeasible to be copied or reproduced.
(DI Any record which is exempt under the provisions of
Section 6254 of the Government Code may not be open to public
inspection except when expressly authorized by the Mayor or
City Administrator or his or her authorized representative,
after it has been determined that such disclosure is not
otherwise prohibited by law and is not harmful to the public
interest or to individual privacy.
SECTION 3.
Where the fee for providing copies is not otherwise
specified oy law, ordinance or resolution, the following fees
shall be charged for copies and certifications:
(A) For preparing a copy of any public writing on file in
a public office, other than maps, graphs, diagrams and similar
records which are of a size larger than the standard sizes on
which the custodian keeps the normal records of the City, the
charge shall be $.35 for the first page, and $.15 for each
additional page.
(B) For preparing the certificate that the document is a
true and correct copy of the original on file, the City Clerk
shall charge, for his or her certificate, $2.00 for each such
certificate.
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94-390
(CI For preparing copies of maps, diagrams, graphs, movie
films, photographs, and other records of special design or of
a size larger than the standard sizes on which the custodian
keeps the normal records of the City, the charge shall be the
estimated cost of preparation as established by the custodian.
(D) The above fees are hereby waived for federal, state,
county and municipal public agencies; such waive shall not
apply, however, to any agency which fails to waive fees for
copy charges for copies provided to the City.
(EI The above fees shall be applicable to a request for
copies or reproductions of public records and shall not apply
to the distribution of copies or reproductions in accordance
with any approved policy of the Mayor and Common Council for
the public aissemination of information to the general public.
These charges shall not apply to news media, or for public
relations, advertising or similar activities, and this
resolution does not apply to records of the Police Department
or any other department for which fees are separately
established.
(F) The custodian may require a deposit sufficient to
cover the estimated cost of providing those copies for which a
fee may be collected before commencing the preparation of such
copies.
SECTION 4,
(A) Any person who is denied access to a public record
may appeal such denial to the City Administrator or his or her
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94-390
authorized representative. Notice of all rights of appeal
shall be given to the requester by the custodian at the time of
denial.
(B) If the request is denied by the City Administrator,
the person seeking access to the public record shall have a
right of appeal to the Mayor and Common Council upon filing
written request for hearing before that body, pursuant to San
Bernardino Municipal Code Chapter 2.64.
1. When the matter is scheduled for hearing before the
Mayor and Common Council, the official recommending
against disclosure shall provide to the Mayor and
Common Council facts justifying nondisclosure as
required by Government Code Section 6255.
2. Section 6255 requires that the agency shall justify
withholding any record or demonstrating that the
record in question is exempt under express
provisions of the California Public Records Act or
that on the facts of the particular case, the public
interest served by not making the record public
clearly outweighs the public interest served by
disclosure of the record.
3. The decision of the Mayor and Common Council shall
be final, subject only to court review as provided
by law. No court proceeding shall be instituted
without first exhausting the procedures specified
herein.
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94-390
SECTION 6.
Resolution No. 88-423 is hereby repealed.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a reau1ar meeting thereof, held on the
19-{-h
day of
wit:
COUNCIL MEMBERS
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
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Dp-rpmhpr
, 1994, by the following vote, to
AYES NAYS
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ABSENT
ABSTAIN
2~
Rach'el Clark,
~G
City Clerk
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94-390
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING
REVISED PROCEDURAL RULES AND REGULATIONS FOR ACCESS TO PUBLIC
RECORDS UNDER THE CALIFORNIA PUBLIC RECORDS ACT; REQUIRING THE
PAYMENT OF FEES FOR COPIES AND CERTIFICATION OF PUBLIC RECORDS;
AND REPEALING RESOLUTION NO. 88-423.
,21st
The foregoing resolution is hereby approved th1S
day of
December
1994.
-----r;;7PZ )tll~
Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By: /0/Mi{~4{QCD( /
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