HomeMy WebLinkAboutMINUTES - 08052008 - SD.10 TO: BOARD OF SUPERVISORS Contra
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FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR = ` Cost a
o; ��;rr�aa ` •iz
DATE: August 5, 2008 °°sr �~ County
a-cooK`►`3
SUBJECT: HEARING to adopt Resolution No. 2008/accepting the Final Engineer's Report for Contra Costa
County Discovery Bay West Parking District and levying the annual assessments of parking maintenance
fees to be placed on the tax roll for Fiscal Year 2008/2009, Discovery Bay area. (Discovery Bay West
Parking District Funds) (District III) Project No.: 7771-6X5170
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
CONDUCT HEARING to accept the Final Engineer's Report for FY 2008-09 the Contra Costa County,Discovery
Bay West Parking District.
ADOPT Resolution No. 200855D accepting the Final Engineer's Report for the Contra Costa County Discovery
Bay West Parking District,and levying the annual assessments of parking maintenance fees to be placed on the tax
roll for Fiscal Year 2008/2009.
FISCAL IMPACT:
There is no impact to the County General Fund. All costs will be covered with revenue from the Contra Costa
County, Discovery Bay West Parking District.
CONT ED ON ATTACHMENT: El SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
/ APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON Okla APPROVED AS RECOMMENDED V, OT�fER
VOTE OF SUPERVISORS: I hereby certify that this is/a true and correct copy of an action
Jtaken and entered on the minutes of the Board of Supervisors on
UNANIMOUS(ABSENT ) the date shown.
AYES: NOES:
ABSENT: ABSTAIN:
Orig.Div. Public Works Department(Special Districts)
Contact: Warren Lai(313-2180)
MR:st ATTESTED
G:\SpDist\Board Orders\2008\Board Orders 08-05-08\8-05-08 DBWPD FY2008-
09 B.O.Hearing.doc
cc: County Administrator JOHN CU EN,Clerk of the Board of Supervisors and County
Assessor Administrators
Auditor-Controller
Community Development
County Counsel BY
Special Districts Deputy
Accounting
SUBJECT: HEARING to adopt Resolution No. 2008/*** accepting the Final Engineer's Report for Contra
Costa County Discovery Bay West Parking District,and levying the annual assessments of parking
maintenance fees to be placed on the tax roll for Fiscal Year 2008/2009, Discovery Bay area.
(Discovery Bay West Parking District Funds) (District III)Project No.: 7771-6X5170
DATE: August 5, 2008
PAGE: 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
On July 8, 2008, the Board of Supervisors adopted Resolution No. 2008/488 accepting filing of the Preliminary
Engineer's Report for Contra Costa County,Discovery Bay West Parking District Fiscal Year 2008/2009,declaring
the intent to levy and collect annual assessments of parking maintenance fees, and fixing August 5, 2008 at 9:30
a.m.,in the Board Chambers, as the time and place for a public hearing accepting the filing of the Final Engineer's
Report.
The annual assessments for the Contra Costa County,Discovery Bay West Parking District are for the purpose of
operating and maintaining the facilities within the parking district. The Contra Costa County Discovery Bay West
Parking District contains a park-and-ride lot that was installed by developers in conformance with their Conditions
of Approval for Subdivision 7686. Funds collected through assessments from the parcels in the District are used to
operate and maintain the park and ride lot benefiting the development.
CONSEQUENCES OF NEGATIVE ACTION:
Without Board of Supervisors' approval, funds will not be available to maintain the park and ride lot within the
District.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 5, 2008, by the following vote:
AYES: GIOIA,UILKEMA,PIEPHO,
BONILLA&GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2008/,rbO
SUBJECT: HEARING to adopt Resolution No. 2008/*** accepting the Final Engineer's Report for Contra
Costa County,Discovery Bay West Parking District and levying the annual assessments of parking
maintenance fees to be placed on the tax roll for Fiscal Year 2008/2009, Discovery Bay area.
(Discovery Bay West Parking District Funds) (District III) Project No.: 7771-6X5170
WHEREAS,the Public Works Director,designated director for Contra Costa County,Discovery Bay West
Parking District has filed a preliminary annual engineer's report for Fiscal Year 2008/2009,and the Board adopted
its Resolution of Intention to levy and collect assessments within the Parking Assessment District for Fiscal Year
2008/2009 at the public hearing held at 9:30 a.m. on Tuesday, August 5, 2008, in the Chambers of the Board of
Supervisors of the County of Contra Costa,Administration Building,651 Pine Street,Martinez,California 94553.
Notice of the hearing was given in the time and manner required by law.
WHEREAS, at the public hearing,the Board afforded to every interested person an opportunity to make a
protest to the annual report either in writing or orally,and the Board considered each protest.The Board then closed
the public hearing.
The Board of Supervisors of Contra Costa County RESOLVES THAT:
It confirms the Final Engineer's Report,diagram and assessments as set forth in the annual report and hereby levies
the annual assessment to be placed on the tax rolls set forth therein for Fiscal Year 2008/2009.
MR:st
G:\SpDist\Board Orders\2007\Annual Renewals\DBWPD\Final.doe I hereby certify that this is a true and correct copy of an
Orig.Dept.: Public Works Department(Special Districts) action taken and entered on the minutes of the Board of
Contact: Warren Lai(313-2180) Supervisors on the date shown.
cc: Assessor
Auditor-Controller
County Administrator _ 51 Q�
County Counsel ATTESTED: C U
P.Edwards,Special Districts JOHN CULLEN,C k of the Boara of Supervisors and
County Administrator
B ,Deputy
1
Resolution No.2008/1%D
FISCAL YEAR 2008/2009
FINAL ENGINEER'S REPORT
TO THE
BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
DISCOVERY BAY WEST PARKING DISTRICT
Board of Supervisors
John Gioia, District I
Gayle B. Uilkema, District H
Mary Piepho, District III
Susan Bonilla, District IV
Federal Glover, District V
Prepared by
Contra Costa County
Public Works Department
FISCAL YEAR 2008/2009
FINAL ENGINEER'S REPORT
TO THE
BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
DISCOVERY BAY WEST PARKING DISTRICT
WRITTEN REPORT
ON
PARKING MAINTENANCE SERVICES
Total Assessment/ Charge On Parking District
In the event that the proposed assessment is levied, the total amount chargeable to the Parking
District will be $14,910.00.
Assessment on Each Parcel
Each parcel described by the Assessment Roll shall be assessed: $10.00 in Fiscal Year 2008/2009.
Methodology for Calculating Parking Assessments
The "benefit received" is based on upon the Equivalent Dwelling Unit (EDU) factor per single
family dwelling unit. The parking assessment for this district is based upon several factors such as:
(1) cost required to pay the maintenance costs; (2) the number and types of parcels within this
district; (3) a reserve fund for administrative and accounting services provided by the County; and
(4)unforeseen expenses such as utility rate increases, and maintenance(including replacement)of
the parking improvements. The assessment revenue is used to pay for the total costs of operating the
Parking District and those costs are apportioned among the various parcels in the Discovery Bay
West Parking District.
FISCAL YEAR 2008/2009
FINAL ENGINEER'S REPORT
TO THE
BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
DISCOVERY BAY WEST PARKING DISTRICT
ASSESSMENT DIAGRAM
(On file with Public Works Department, Special Districts Group)
FISCAL YEAR 2008/2009
FINAL ENGINEER'S REPORT
TO THE
BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
DISCOVERY BAY WEST PARKING DISTRICT
ASSESSMENT ROLL
(On File with the Clerk of the Board)
FISCAL YEAR 2008/2009
FINAL ENGINEER'S REPORT
TO THE
BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
DISCOVERY BAY WEST PARKING DISTRICT
2008/09 FISCAL BUDGET
Propos-e-d
Revenues
Taxes and Assessments $1491000
Earnings on Investment $1,000.00
Carry-Over Prior Year $65,167.34
TOTAL REVENUE $81,077.34
Expenditures
Operation and Maintenance
1. Publication&Legal Notices $200.00
2. Taxes &Assessments $2,100.00
3. Professional/Specialized Svc. on-Count $3,000.00
4. Professional/Specialized Svc. Public Works $12,500.00
5. Utilities $300.00
6. Equipment Purchase/Special Exp. $1,500.00
7. Vandalism/Incidentals $3,000.00
8. Reserves for Capital Replacement $33,340.28
9. Reserves for Capital Im rovements $11,637.06
10. O erating Reserves 50% of Revenue $71500.00
11. Interfund Exp. Gov/Gov $6,000.00
TOTAL EXPENDITURES $81,077.34
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'TO: BOARD OF SUPERVISORS Contra
Costa
FROM: JOHN CULLEN, County Administrator x, -
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DATE: AUGUST 5, 2008 r.s Cou" County
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SUBJECT: RESPONSE TO GRAND JURY REPORT NO. 0807, ENTITLED "COUNTY
EMPLOYEES MUST KNOW HOW TO RESPOND TO PUBLIC RECORD
REQUESTS" - REVISED -
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE response to Grand Jury Report No. 0807, entitled "County Employees Must Know How to
Respond to Public Records Requests" and DIRECT the Clerk of the Board to forward the response to
the Superior Court no later than August 20, 2008.
BACKGROUND:
On May 22, 2008, the 2007/2008 Grand Jury filed the above-referenced report, which was reviewed
by the Board of Supervisors and subsequently referred to the County Administrator, who prepared the
attached response that clearly specifies:
A. Whether a finding or recommendation is accepted or will be implemented;
B. If a recommendation is accepted, a statement as to who will be responsible for
implementation and by what definite target date;
C. A delineation of the constraints if a recommendation is accepted but cannot be implemented
within a six-month period; and
D. The reason for not accepting or adopting a findin r recommendation.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
--- -- - ---- ----------- - COMM TEcoMMENDATION OF COUNTY ADMINISTRATOR RECOM NATION OF BOARD COMMITTEE
�(�PROVE OTHER
SIGNATURE(S): a—_ r
ACTION OF BOAR APPROVE AS RECOMMENDED— '^OTAIER XX ---
The attached re onse reflects changes directed by the Board of Supervisors at its August S, 2008 meeting.
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED: AUGUST 5,2008
CONTACT: JULIE ENEA (925)335-1077 JOHN CULLEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
CC: PRESIDING JUDGE OF THE GRAND JURY
GRAND JURY FOREMAN
COUNTY ADMINISTRATOR DEPUTY
BOARD OF SUPERVISORS RESPONSE TO
GRAND JURY REPORT NO. 0807:
COUNTY EMPLOYEES MUST KNOW HOW TO RESPOND TO
PUBLIC RECORD REQUESTS
FINDINGS
1. The California Public Records Act(PRA), Government Code Section 6250,was enacted in 1968
by the state legislature. At that time,the legislature declared, "that access to information
concerning the conduct of the people's business is a fundamental and necessary right of every
person in this state. "
Response: Agree. The current version reads, "In enacting this chapter, the Legislature, mindful
of the right of individuals to privacy,finds and declares that access to information concerning the
conduct of the people's business is a fundamental and necessary right of every person in this
state. "
2. The PRA has been amended from time to time,and the courts have interpreted and applied its
provisions in many published appellate court opinions. In a recent opinion,the California
Supreme Court described the importance of access to public records as follows: "Openness in
government is essential to the functioning of a democracy."International Federation v. Superior
Court, 64 Cal.Rptr.3d 693, 697. (2007)
Response: Agree.
3. The PRA provides that the public shall have access to all public records except for selected
records that are specifically exempt from disclosure. Exempt records include personnel files,
medical records, and many types of records that are part of ongoing criminal investigations.
Response: Agree, with clarification. There are many kinds of records that are statutorily exempt
from public disclosure. For example, exempt County records generally also include but are not
limited to preliminary drafts, notes, and inter/intra-agency memoranda that are not retained by
the County in the ordinary course of business; certain records pertaining to pending litigation;
test questions, scoring keys, and other examination data for employment examination; real estate
appraisals or engineering studies relative to the acquisition of property, etc. The majority of the
Public Records Act is devoted to describing exempt records, which is why it can be challenging
for staff at every level of the County organization to understand the Act and respond with perfect
confidence to myriad public records requests.
4. Contra Costa County (County) and its various departments and functional organizations are
subject to the PRA and must comply with its terms.
Response: Agree.
5. Grand Jurors, who did not identify themselves as such,visited 12 County offices and asked to
inspect or to secure copies of records that were known, or were likely, to be kept in those offices.
Grand Jurors made a total of 17 separate record requests. Grand Jurors did not request records that
were exempt from disclosure under the PRA. Requests were always made to the person who was
the first point of contact at each office, usually a clerk or receptionist.
County Staff Must Know How to Respond to Public Record Requests August 5,2008
County Response to Grand Jury Report No.0807 Page 2
Response: Since the Grand Jury did not idents the test departments, the County cannot
accurately respond to this finding.
6. Grand Jurors found that, in some instances, County departments and their staff members
responded appropriately to requests for access to or copies of public records.
Response: Since the Grand Jury did not idents the test departments, the County cannot
accurately respond to this finding.
7. Grand Jurors experienced other instances when the clerk or receptionist expressed no knowledge
of the PRA, or the County's duty to provide access to records. On one occasion, a Grand Juror
was sent to another office, in a different building,that did not have the requested records. On
several other occasions, first point of contact employees posed questions such as: "Why do you
want it?" "Are you an attorney?"And, "Who are you with?" Other employees made statements
such as: "I'm swamped right now," "I'm very busy," and, "We are an impacted office."
Response: Since the Grand Jury did not identify the test departments, the County cannot
accurately respond to this finding. However, the County would agree that such responses to
public record requests as described in the Finding are inappropriate.
8. On several occasions, Grand Juror requests for records were referred to a more senior clerk or
office manager who was able to comply with the request. In one instance,the Deputy Director of
Animal Services promptly met with the Grand Juror who made the request and the records were
produced for inspection.Not all County offices visited had senior staff members available to
handle requests.
Response: Agree.
9. The County's Animal Services Department was not always responsive to PRA requests. One
Grand Juror made a written request for copies of records on wild animals picked up in 2007,
including information as to whether any had tested positive for rabies, and paid the requested
$1.00 copying fee. The request was made at the front desk, on a busy day, and the records had not
been received four months after the request.No explanation or refund has been offered.
Response: Lacking the name of the requestor, the Animal Services Department was unable to
verb the finding. However, the County would agree that such lack of response to a public record
requests as described in the Finding is unacceptable.
10. On December 18, 2003,the County Administrator issued Administrative Bulletin 120.4,entitled,
"Public Access to County Records."The preamble states, "The purpose of this bulletin is to
inform County departments about their legal responsibility under the California Public Records
Act...with regard to requests for inspection of or copies of County records."Knowledge of the
bulletin's existence, and compliance with the policies and procedures detailed therein, is
inconsistent from one County office to another.
Response: Agree. Maintaining the institutional knowledge of organizational policies and
procedures is an ongoing challenge and training issue for many organizations, but particularly
for a county government agency with over 9,000 employees and service providers in more than
County Staff Must Know How to Respond to Public Record Requests August 5,2008
County Response to Grand Jury Report No.0807 Page 3
450 separate offices. Building a uniform knowledge base among all County employees continues
to be a high priority and goal of the County.
11. County Administrative Bulletin 120.4 contains information organized under the following major
headings:
I. Confidential documents and documents not required to be disclosed
II. Confidential legal documents
III. Employee information disclosure
IV. Access to public records
Sections I through III deal with exceptions to the law requiring disclosure; i.e.,the reasons public
access to records may be denied. Only section IV outlines how the public is to be afforded its
rights under the PRA.
Response: Agree. The policy is organized in this way in order to avert the release of
confidential/exempt documents, which, if it should occur, could compromise someone's privacy
and expose the County to liability. Before a County employee discloses County records, he or she
must gain a good understanding of what is a disclosable public record and what is a
confidential/exempt record, and must also learn to recognize the need to consult legal counsel
when that distinction is unclear. If Section IV was moved to the beginning of the policy, an
unknowing staff person might read no further than Section IV and mistakenly release a
confidential record. The whole policy is important and is organized to encourage staff to read the
whole policy and not just the procedures.
12. California Government Code Section 6253.1 states that the public agency shall assist the member
of the public to make a focused and effective request that reasonably describes an identifiable
record or records by making certain specified actions to the extent they are reasonable under the
circumstances. County Administrative Bulletin 120.4 is silent on this duty.
Response: Agree.
13. County Administrative Bulletin 120.4 includes a policy that requests for public records `should be
made in writing.' Grand Jurors found that four of the offices visited, Environmental Health,the
Animal Services and Building Inspection departments, and the Assessor required written requests,
and had forms available for that purpose.
Response: Agree. Written requests are not required by County policy but are "recommended".
While many public records requests can be filled immediately upon oral request, a written
description of the request facilitates an understanding between the requester and County staff as
to what documents are being sought. Some County departments have developed forms for this
purpose that relate to the types of documents retained by the departments.
14. A Grand Juror asked representatives of two County law offices to permit inspection of any written
policies related to the e-mail transmission of confidential documents. The District Attorney's
County Staff Must Know How to Respond to Public Record Requests August 5,2008
County Response to Grand Jury Report No. 0807 Page 4
office produced County Administrative Bulletin 120.4. The Public Defender's office advised that
no policy existed.
Response: Agree. County Administrative Bulletin 120.4 provides guidance on public access to
county records but does not pertain to the e-mail transmission of confidential documents. The
County has a written policy on e-mail but not on the transmission of confidential documents via e-
mail. Confidential e-mail documents are treated no differently than other confidential documents.
15. Some County records are only accessible by computer. The PRA also applies to such records. In
one instance, a Grand Juror asked the General Services Department to inspect maintenance
records on County automobiles, specifically a hybrid model. An employee in the automotive
maintenance office informed the Grand Juror that all the records were computerized. After
purportedly conferring with a superior,the employee informed the Grand Juror that the records
could not be viewed because no computer terminal was available for use by the public,and that
only County employees had access to the database.
Response: Partially disagree. The Grand Jury failed to fully describe the staff response in
its Finding.
In an effort to reduce the amount of paper and paper transmittal, the County maintains a
significant amount of business information on database systems. Some of these systems can be
accessed by the public via a kiosk or internet search site. However, most County data systems are
designed for business purposes and/or also store confidential information. Reports can be
produced from these data systems in order to tabulate and display data for the public. When a
request is made for public information that is stored in an electronic data system, the County
produces the information in the electronic format in which it is stored provided its release
does not compromise confidential information or proprietary software and the information is
available in electronic format. In other circumstances, the County provides copies of
responsive data system reports or compiles a report that displays the requested information.
The Public Records Act permits the agency to recover its costs associated with electronic media,
paper copies, or system programming required to produce the requested records or data.
In the specific example described in this Finding, the requester asked to inspect hybrid vehicle
maintenance records. The Fleet Services Manager explained to the requester that physical
vehicle maintenance records are not maintained by the County and described the information
technology in which the records exist. He offered to compile and print out records from the fleet
system to meet the requester's needs. He attempted to assist the requester to define the request by
describing the types of data maintained on the system, e.g., types of repairs, dates, etc. He
followed up by calling the requester twice in an effort to satisfy the request.
Although County staff was unable to idents the requested information, staff satisfied the
requirements of the Public Records Act by making a reasonable effort to elicit additional
clarifying information from the requester that will help idents the record or records (reference
Finding No. 12).
County Staff Must Know How to Respond to Public Record Requests August 5,2008
County Response to Grand Jury Report No. 0807 Page 5
RECOMMENDATIONS
The 2007-2008 Contra Costa County Grand Jury recommends that:
1. Within six months of this report, County Administrative Bulletin 120.4 be reviewed and revised
as necessary to comply with legislative changes and court decisions. The revised bulletin also
should include:
a. A requirement that each department's written policy with regard to public record requests
be conspicuously posted or otherwise made available at each County office.
b. A standard form for use in all County offices for requests to inspect or obtain copies of
public records.
c. A policy and procedure to allow public access to records that are accessible only by
computer.
d. The public's rights under the PRA should be emphasized rather than the exceptions to the
law. Section IV of County Bulletin 120.4 should appear as section 1. The County's duty to
assist members of the public should also be described.
Response: The recommendation will be partially implemented within six months. The Board of
Supervisors has directed County staff, under the guidance of the Internal Operations Committee,
to develop the following materials:
a. A standard County pamphlet on the County's policies and general procedures on public
records requests will be developed and made available at County offices and public
reception areas. This is not a statutory requirement for counties, but a good customer
service practice.
b. A standard public records request form will be developed and made available on the
County's website and for use by County departments.
c. County Administrative Bulletin No. 120 will be expanded to include procedures for
responding to requests for records that are stored in an electronic data system.
d. An introduction will be added to Administrative Bulletin No. 120 that more thoroughly
explains the County's obligations to provide public records.
2. Within six months of this report, all County departments be required to have written polices and
procedures, based on revised Administrative Bulletin 120.4, intended to ensure consistent,timely,
and lawful responses to requests for public records.
Response: The recommendation will be implemented within six months. The County will update
and redistribute its existing policy on public records accessibility and will provide training to
staff on procedures for responding to public records requests. A single County policy is the most
effective way to achieve consistent and appropriate responses to public records requests.
Therefore, departments will be required to utilize the County's written policy on public records
accessibility. Departments may supplement the Countywide policy with policies and procedures
associated with the specific method in which they store and access County records.
County Staff Must Know How to Respond to Public Record Requests August 5,2008
County Response to Grand Jury Report No.0807 Page 6
3. Within six months of this report,all employees that interact with the public at County offices
where records are maintained receive training as to the County's responsibilities, including
County and department procedures,to comply with the California Public Records Act.
Response: The recommendation will be implemented within six months. The County will
provide training for County managers and those employees that perform primary reception
duties with the general public.
In response to the Grand Jury report and for the interim period pending implementation of
the recommended actions, the County Administrator sent the attached memo to County
department heads redistributing current applicable County policies and directing
departments to review their operating policies to ensure conformity with County policies.
Departments were also asked to re-circulate the County policies with staff most likely to
receive or respond to a public records request, such as managers, supervisors, and
receptionists.
County of Contra Costa
L L OFFICE OF THE COUNTY ADMINISTRATOR
MEMORANDUM
DATE: MAY 30, 2008
TO: JOHN CULLEN, County Administrator
FROM: DEPARTMENT HEADS
SUBJECT: PUBLIC RECORDS REQUESTS
The Contra Costa County Grand Jury recently issued a report entitled "County Employees Must
Know How to Respond to Public Record Requests." The report noted that "while some county
departments and employees investigated responded appropriately to requests for public records,
even providing convenient forms for the purpose, others responded with a variety of roadblocks."
The report further noted that "Some employees claimed no knowledge of the state law or county
policy intended to guarantee openness in government. Others responded with questions clearly
intended to discourage requestors."
The following County Administrative Bulletins (attached for reference and also available on the
County's Intranet site)provide guidance on the County's policies and obligations pertaining to
requests for public records:
120 Public Access to County Records
133 Subpeona Policy
431 Reference Checks and Release of Employee Information
Administrative Bulletin No. 120, section IV, B, provides guidance on the time frame in which
the County must respond to a public records request. Generally, County policy requires that a
department satisfy the request by the next business day. If that is not possible, departments are
advised to promptly provide the requester a written estimate of the time needed to fulfill the
request, not to exceed ten days. If the request cannot be fulfilled within ten days, departments
are advised to provide the requester an estimate of the additional time needed, not to exceed 14
days.
Additionally, the County's Better Government Ordinance provides some procedural guidance as
to the justification for taking more than one business day to fulfill a public records request. The
Better Government Ordinance provides that:
1. A request that is received by a department head for any non-exempt public
record shall be satisfied no later than the close of business on the day
following the request unless the department head advises the requester in
writing that the request will be answered by a specific future date.
Public Records Requests May 30,2008
Page 2
2. The statutory deadlines are appropriate for more extensive or demanding
requests, but shall not be used to delay fulfilling a simple, routine or otherwise
readily answerable request.
3. If the voluminous nature of the information requested, its location in a remote
storage facility or the need to consult with legal counsel warrants an extension
of ten days as provided in Government Code Section 6256.1, the requester
shall be noticed as required within three business days of the request.
My office will be working over the next few months with the Board's Internal Operations
Committee to develop standard procedures for responding to public records requests, to
supplement the existing County policies. In the meantime, please review your department
policies and procedures to ensure that they conform to the County policies.
Please circulate these policies to all staff, such as managers, supervisors, and receptionists, who
may become involved in receiving and/or responding to requests to view or obtain copies of
public records.
Please consult the County Counsel's Office for questions related to the confidentiality of a
County record.
JE:
Attachments
cc: CAO Staff
County Counsel