HomeMy WebLinkAbout1988-423
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RESOLUTION NO.
88-423
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;
REQUIRING THE PAYMENT OF FEES FOR RESEARCH SERVICES AND REPEALING
RESOLUTION NO. 83-459.
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
16 first describe to the department/division head or other
17 authorized personnel (hereinafter "custodian") the public record
18 or records desired to be inspected. No statement of reason for
19 the inspection shall be required.
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(B) Upon receipt of a request by any person for a copy of
21 any public record, the custodian shall, as soon as practical,
22 make available to that person a copy of such record unless the
23 record is exempt from disclosure under the provisions of
24 California Public Records Act.
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(C) The custodian shall establish procedures for the
26 inspection of photographic films and prints, magnetic tapes,
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November 8, 1988
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RESOLUTION ESTABLISHING REVISED PROCEDURAL RULES AND REGULATIONS
FOR ACCESS TO PUBLIC RECORDS AND REPEALING RESOLUTION NO. 83-459
3 punched cards, drums, and the like, for the form in which
4 computer data shall be provided for inspection, and for
5 furnishing the information contained in a record which is
6 impractical or infeasible to be copi~~ or reproduced.
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(D) 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 by 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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November 8, 1988
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RESOLUTION ESTABLISHING REVISED PROCEDURAL RULES AND REGULATIONS
FOR ACCESS TO PUBLIC RECORDS AND REPEALING RESOLUTION NO. 83-459
(C) 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 waiver shall not
apply, however, to any agency which fails to waive fees for copy
charges for copies provided the City.
(E) 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 dissemination 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
Where the fee for performing research services is not
27 otherwise specified by law, ordinance or resolution, a fee of
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RESOLUTION ESTABLISHING REVISED PROCEDURAL RULES AND REGULATIONS
FOR ACCESS TO PUBLIC RECORDS AND REPEALING RESOLUTION NO. 83-459
$15.00 per hour shall be charged for performing research services
subject to the following conditions:
(A) The first fifteen minutes of any request for
information or documentation shall not be charged.
(B) After the first fifteen minutes of any such request,
the above noted fee shall be assessed in one-quarter hour
increments.
(C) The custodian may require a deposit to cover the
estimated cost of research before commencing any such research.
SECTION 5
(A) Any person who is denied access to a public record
may appeal such denial to the City Administrator or his or her
authorized representative.
Notice of all rights of appeal shall
be given 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.
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RESOLUTION ESTABLISHING REVISED PROCEDURAL RULES AND REGULATIONS
FOR ACCESS TO PUBLIC RECORDS AND REPEALING RESOLUTION NO. 83-459
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.
SECTION 6
Resolution No. 83-459 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
regular
meeting held on the 7th day of
November
, 1988, by the following vote, to wit:
AYES:
Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Miller
NAYS:
None
ABSENT:
Council Member Pope-Ludlam
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RESOLUTION ESTABLISHING REVISED PROCEDURAL RULES AND REGULATIONS
FOR ACCESS TO PUBLIC RECORDS AND REPEALING RESOLUTION NO. 83-459
The foregoing resolution is hereby approved this Pc~' day
of
November
, 1988.
Ev n Wilcox, Ma r
City of San Bernardino
Approved as to form
and legal content:
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November 8, 1988
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