HomeMy WebLinkAboutMINUTES - 05192009 - SD.3RECOMMENDATION(S):
APPROVE modified policy and new public information brochure regarding public
access to County records.
1.
DIRECT the County Administrator's Office to disseminate the new policy and
brochure and to conduct training of staff whose job it is to receive and respond to
public information requests.
2.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/19/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:See Clerk's Addendum
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: JULIE ENEA (925)
335-1077
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: May 19, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Jane Pennington, Deputy
cc: County Administrator, County Counsel, ,
SD. 3
To:Board of Supervisors
From:INTERNAL OPERATIONS COMMITTEE
Date:May 19, 2009
Contra
Costa
County
Subject:UPDATES TO THE COUNTY'S POLICY GOVERNING PUBLIC ACCESS TO COUNTY RECORDS
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
On June 3, 2008, the Board of Supervisors referred to the Internal Operations Committee
(IOC) a review of County policies on responding to requests for records under the Public
Records Act. The referral cited a recent Grand Jury report that acknowledged that some
County departments responded appropriately to requests for public records, but some
either did not understand their statutory responsibilities or attempted to discourage the
requester.
In response to the Grand Jury report, the County Administrator sent a 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.
Staff began meeting with the IOC in June 2008 to discuss shortcomings of the current
policy and process and determine what changes should be made. The Committee directed
staff to developing the following materials:
A revised County policy that emphasizes the County’s responsibility to provide
public records, provides guidance on the labeling of confidential records, and
includes procedures for responding to requests for records that are stored in an
electronic data system
1.
A set of general procedures on responding to in-person or written requests for public
records.
2.
A standard County pamphlet on the County’s policies and general procedures on
public records requests to be made available at County offices and public reception
areas.
3.
A standard public records request form to be made available on the County’s
website and for use by County departments.
4.
An update to the Supervisors Handbook on the Public Records Act and related
County policies and procedures.
5.
A training session for specified county staff and Board advisory bodies (including
Municipal Advisory Councils) on the Public Records Act and related County
policies and procedures.
6.
The County Administrator’s Office (CAO) prepared the County’s response to Grand Jury
Report No. 0807, which was adopted by the Board of Supervisors with amendments on
August 5, 2008. On August 11, CAO staff presented the IOC with the first draft of the
standard County pamphlet on the County’s policies and general procedures on public
records requests to be made available at County offices and public reception areas. The
CAO made follow-up reports in November 2008 and March 2009, and the IOC approved
the following documents for recommendation to the Board:
Modified County policy on Public Access to County Records, to be made available
to County staff via an Administrative Bulletin
Trifold brochure on the public’s right to records, to be made available to the public
in County office reception areas and waiting rooms
Standard public records request form to be made available on the County’s website
and for use by County departments.
The revised administrative policy provides clearer and better procedural guidance to staff
about how to respond to public records requests. The updated policy also places more
emphasis on the fulfillment of the County's obligation to assist requesters in obtaining
information about their government.
Upon Board approval of these documents, the CAO will begin working on directives 5
and 6, to update the Supervisors' Handbook and develop training for County staff.
CONSEQUENCE OF NEGATIVE ACTION:
CHILDREN'S IMPACT STATEMENT:
CLERK'S ADDENDUM
Supervisor Uilkema introduced the item and explained the proposed brochure and
records request form are intended to provide a Countywide standardization to make it
easier for the public to make records requests. She also noted the Supervisors’ Handbook
should also be updated accordingly, and the County Administrator should develop a
training program for County staff. She added that today’s actions are to be taken with the
understanding that this is still a work in progress and if changes are necessary the
materials can be revised.
Supervisor Piepho said the chain of command in department responses to records requests
is critical and asked if the regular involvement of department heads and/or County
Counsel should be standardized.
Julie Enea, County Administrator’s Office, responded that because County departments
are all so different each department really has to develop its own chain of command and
system of responsibility.
Supervisor Piepho asked if this new information is available online.
Ms. Enea responded that once approved by the Board, the policy, informational brochure,
and records request form will all be added to the County’s website.
Supervisors Piepho and Gioia made several suggestions for minor word and
typographical changes.
Chair Bonilla said that we can have all the policies in the world but without the will of
the organization they will not be successful. She said County employees need to be as
helpful to the public as they can be and should be aware that providing public records is
part of their jobs and not an imposition. She suggested the County Administrator issue a
memo to employees to address these issues.
ATTACHMENTS
PRA Policy-Clean
PRA Policy - Mark Up
PRA Trifold Brochure
CONTRA COSTA COUNTY
Office of the County Administrator
ADMINISTRATIVE BULLETIN
Number: 120.5
Date: 6/1/09
Section: General
SUBJECT: Public Access to County Records
Contents: I. DEFINITIONS
II. GENERAL GUIDELINES
III. GENERAL POLICY AND PROCEDURES REGARDING ACCESS TO
PUBLIC RECORDS
IV. WHAT IS AND WHAT IS NOT A DISCLOSABLE PUBLIC RECORD
V. HANDLING CONFIDENTIAL LEGAL WRITINGS
VI. HANDLING OTHER EXEMPT WRITINGS
VII. DEPARTMENT POLICIES
The purpose of this bulletin is to inform County departments about their legal responsibilities under the
California Public Records Act [Gov. Code §§ 6250 et seq.] and the County’s Better Government
Ordinance [Ord. Code §§ 25-4.2 et seq.] with regard to requests for inspection of or copies of County
records.
The California Public Records Act declares that access to information concerning the conduct of the
people’s business is a fundamental and necessary right of every person in the State because it gives the
public an opportunity to monitor the functioning of their government. In accordance with the California
Public Records Act and the Better Government Ordinance, any person is entitled to inspect and to
receive copies of the public records of the County. Except with respect to those records described in
Parts IV, V and VI below, upon a request for a copy of records that reasonably describes an identifiable
record or records, County staff shall make the records promptly available to any person upon payment
of applicable fees.
I. DEFINITIONS
Following are definitions for terms as used in this bulletin:
A. Public Record – Any existing writing containing information relating to the conduct of the
public’s business prepared, owned, used, or retained by the County regardless of physical form
or characteristics. Writings can include, but are not limited to, papers, books, maps, charts,
photographs, audio tapes, videotapes, information stored in non-paper form on a computer or
other electronic media, and other material.
B. Disclosable Public Record – Writings that are not, in whole or in part, exempt from disclosure
under the Public Records Act and the Better Government Ordinance.
Administrative Bulletin No. 120.5 June 1, 2009
Public Access to County Records Page 2
C. Confidential Legal Writings:
1. Writings to or from the County Counsel’s Office or other counsel representing the
County concerning matters such as requests for legal advice, opinion or review;
communications regarding pending or potential claims or litigation; and responses to
legal counsel’s request for information; and
2. Writings that were either prepared by or for County Counsel’s Office or other counsel for
the County or prepared for litigation, either planned or in progress.
D. Other Exempt Writings – Writings, other than confidential legal writings, that have been
determined by the County to be exempt from disclosure because the writings fall within one of
the exceptions to the Public Records Act. California Government Code section 6254 provides a
partial list of documents that are potentially, but not necessarily, exempt from disclosure.
E. Unusual circumstances – Circumstances that significantly hinder the ready availability of public
records, such as:
1. the need to search for and collect the writings from offsite facilities;
2. the need to search for, collect, and examine a voluminous amount of separate and distinct
writings that are demanded in a single request;
3. the need to consult with another agency having substantial interest in the determination of
the request or among two or more components of the agency having substantial subject
matter interest therein; or
4. the need to compile data, to write programming language or a computer program, or
construct a computer report to extract electronically-stored data.
II. GENERAL GUIDELINES
The following guidelines should be followed in responding to all Public Record Act requests:
A. A requester is not to be asked to provide a reason for a request.
B. A requester is not required to provide his/her identity in order to inspect or obtain disclosable
public records.
C. Each department should maintain a log or file of Public Record Act requests documenting:
1. the date of the request,
2. the subject matter,
3. any mutual agreement to extend the statutory maximum production deadline
4. the number of documents and other writings produced,
5. the date of production,
6. any applicable fees collected,
7. receipts, and
8. copies of any related correspondence.
Administrative Bulletin No. 120.5 June 1, 2009
Public Access to County Records Page 3
D. In responding to a Public Record Act request, the responding department shall determine the
disclosability of each responsive writing, regardless of whether a writing has previously been
labeled as “Confidential” or “Exempt.”
E. Subpoenas are different from Public Record Act requests. Consult Administrative Bulletin
No. 133: “Subpoena Policy” concerning how to proceed if you receive a subpoena.
F. Consult County Counsel if you are unsure as to whether a writing is a disclosable public
record.
G. If a requested writing does not exist at the time of the request, you have no duty to create
such a writing.
III. GENERAL POLICY AND PROCEDURES REGARDING ACCESS TO PUBLIC RECORDS
A. Locate and Produce Public Records Promptly. The general rule is that disclosable
County records (writings that are not exempt, as discussed in Section IV below) may be
inspected anytime during regular business hours. [Gov. Code § 6253(a)]. If copies are
requested, they should be provided no later than the next business day if it is possible to
do so. [Ord. Code §25-4.604]. Immediate production generally is possible when:
1. you can readily identify the writings being sought,
2. you locate the requested writings.
3. you determine that they are disclosable public records, and
4. the requester pays any applicable copying fees, or just wants to look at the records
without taking copies, in which case there is no fee.
B. Locating Records. Below are some guidelines to help you find writings that are
responsive to the request.
1. Review the Request. The request for inspection or copying of records should
reasonably describe an identifiable writing or writings. [Gov. Code § 6253(b)]. If
the request is too vague for you to provide a response, you should ask the
requester for clarification. [Gov. Code § 6253.1].
a. Asking for Oral Clarification. You might ask the requester:
“Can you narrow the scope of your request to a specific date range?”
“Can you think of any keywords I could use to search for this?”
“Do you know what County departments or officials might have
originated the documents?”
b. Asking for Written Clarification. Written requests help clarify what
writings are being requested and permit the County to track the request.
Although requesters are not required to put their requests in writing, some
Administrative Bulletin No. 120.5 June 1, 2009
Public Access to County Records Page 4
requesters may choose to make a written request or you can write down
their oral request. In either case, you may use the County standard Public
Records Request Form (attached) or a form developed by your department
to obtain a written description of the request.
2. Consult record indexes and filing systems.
3. Ask knowledgeable persons.
4. Look in logical places.
C. Delayed Response to Request for Production. As a practical matter, County staff may
need time to identify and locate the writings. If the department can’t immediately
produce the requested writings and needs more time to provide a response, staff should
do the following:
1. Request Contact Information. You may ask the requester for contact information
so you can keep the requester updated about the production status or, if the
requester prefers not to provide contact information, give the requester the name
and phone number of a person in your department who can be called concerning
the status of the request.
2. Three-Day Notice. Within three business days after receipt of the request, send a
letter to the requester, from the department head, notifying the requester that more
time is needed to locate the requested writings. Absent “unusual circumstances,”
(as defined in Section I above) this letter will notify the requester that a response
will be provided within ten calendar days after the date of the request. A sample
notification letter might look like this:
This is to inform you that the [name]
Department has received your Public Records Act
request of [date] . We anticipate that a
response to your request will be provided on or
before [date - no more than 10 days from original
request]. Please contact [name of staff person]
at [phone number] if you have any questions.
3. Ten-Day Notice. Within ten calendar days after receipt of the request, tell the
requester whether your department was able to find the requested writings and
whether any exception to the obligation to disclose the writings exists, or whether
your department needs an extension of time to respond to the request. [Gov. Code
§ 6253(c)]. The goal is to provide the records within ten calendar days if it is
possible to do so. If it is not possible, then provide a good faith estimate as to
when the writings can be provided (keeping in mind the general obligation to
Administrative Bulletin No. 120.5 June 1, 2009
Public Access to County Records Page 5
provide the records promptly). A sample letter is shown under Section III.D.
below.
4. Extension Needed - Fourteen-Day Notice. If “unusual circumstances” exist (see
the definition in Section I above), the law allows an extension of fourteen (14)
calendar days to respond to the requester. [Gov. Code § 6253(c)]. However, you
must provide written notification of the extension to the requester. A sample
notification letter might look like this:
This is to inform you that Contra Costa County needs
to extend its time to respond to your Public Records
Act request of [date] . Your request involves
searching for and collecting records from facilities
separate from the County Administration Building,
651 Pine St., Martinez. Your request also involves
examining a voluminous amount of separate and
distinct records. Accordingly, due to these
circumstances and pursuant to Government Code
section 6253(c), the County must extend the time to
respond to your request to [date - no more than 24
calendar days from original request.]. Please contact
me if you have any questions.
5. Negotiation of Extension – Confirmation Letter. If, under extraordinary
circumstances, you believe you will be unable to produce requested writings
within the maximum statutory deadline, you may be able to negotiate an extended
deadline with the requester. Any mutually agreed upon extensions should be
confirmed in writing with the requester. A sample confirmation letter might look
like this:
This is to confirm our agreement that Contra Costa
County needs to extend its time to respond to your
Public Records Act request of [date] . Your
request involves searching for and collecting records
from facilities separate from the County
Administration Building, 651 Pine St., Martinez.
Your request also involves examining a voluminous
amount of separate and distinct records.
Accordingly, due to these circumstances, the County
must extend the time to respond to your request to
[date]. We appreciate your patience as we assemble
the requested information. Please contact me if you
have any questions.
Administrative Bulletin No. 120.5 June 1, 2009
Public Access to County Records Page 6
D. Production and Payment of Fees. Once disclosable public records have been located,
notify the requester that the documents are available for inspection, or that copies may be
obtained upon payment of any applicable fees. While the notification letter will vary
according to the circumstances, a sample notification letter might look like this:
This is the [Name of Department]
Department’s response to your public records request, dated
____________, 2009 and received by this office on ,
2009. The [Name of Department]
Department will produce records it possesses in response to your
request. If you wish to inspect the records, the [Name of
Department] Department is open from 8:00 a.m.
to 5:00 p.m. (closed for lunch from noon to 1:00 p.m.). You may
contact [Name of staff person ] , at (xxx) xxx-xxxx to schedule
a time to inspect the documents.
If you would like copies of these records, the cost of copies will be
$_______ (______ pages at $.10 per page), plus $______ for
postage, for a total of $_______. To receive copies, please send
your check for $______ payable to Contra Costa County to: [Name
and address of Department]. When your check is received, the
[Name of Department] Department will make copies and
mail the records to you.
E. Applicable Fees
1. Ten Cent Fee in Most Circumstances. Other than in the circumstances listed
below, the County may charge a fee not to exceed ten cents per single-sided page,
20 cents for a double-sided page, plus any postage costs. [Ord. Code § 25-4.610
(d)].
2. No Fee under Certain Circumstances. The County may not charge a fee for
inspection of writings or for a copy of writings routinely produced in multiple
copies for distribution, for example, meeting agendas and related materials that
are twenty or fewer pages in length per document. [Ord. Code §§ 25-
4.610(a),(b)].
3. One Cent Fee Under Certain Circumstances. The County may charge a fee of one
cent for a copy of writings routinely produced in multiple copies for distribution,
for example, meeting agendas and related materials that contain more than twenty
pages per document. [Ord. Code §§ 25-4.610(c)].
Administrative Bulletin No. 120.5 June 1, 2009
Public Access to County Records Page 7
4. Electronic Writings.
a. The County may charge a person requesting an electronic writing the direct
cost of the media on which the information is duplicated. For writings
provided electronically on a compact disc, a fee not to exceed $3.00 may
be charged, plus postage cost. [Gov. Code § 6253.9].
b. When (1) the electronic writing is one that is produced only at scheduled
intervals, or (2) production of the writing would require data compilation
extraction, the requester may be charged the cost of producing a copy of
the electronic writing, including the cost to construct a writing and the cost
of programming and computer services necessary to produce a copy of the
writing. [Gov. Code § 6253.9].
5. Outside Copy Services. Rather than making copies itself, the County may
contract at the market rate to have a commercial copier produce the duplicates.
[Ord. Code §25-4.610(e)]. Before copies are made by the outside copy service,
the department should notify the requester of the cost and make arrangements for
payment.
6. State Law. If state law prescribes other fees, those fees may be charged in
compliance with state law.
F. Exempt Records. If you determine that some or all of the requested writings are exempt,
send the requester a letter explaining why those requested writings are exempt. If you
need help drafting this letter, ask the County Counsel’s Office for assistance.
G. No Responsive Writings. If your department does not have any documents that are
responsive to the request:
1. Forward the Request to Other Departments. Attempt to determine if any other
County department has documents that are responsive to the request. If you
determine that another department may have responsive documents, send a formal
memorandum to the department or departments that may have responsive
writings, asking that they respond to the requester, and send a copy of the memo
to the requester.
2. Notify the Requester. Notify the requester that your department has no documents
that respond to the request.
IV. WHAT IS AND WHAT IS NOT A DISCLOSABLE PUBLIC RECORD
A. Any person has a right to inspect any existing public record with the exception of the
records exempted by the Public Records Act. The types of writings potentially exempt
Administrative Bulletin No. 120.5 June 1, 2009
Public Access to County Records Page 8
from disclosure under the Public Records Act include, but are not limited to, the
following:
1. Preliminary Drafts, Notes, Memoranda and “Deliberative Process”
Writings that are (1) notes, drafts or memoranda, and (2) which are not retained in
the ordinary course of business, and (3) where the public interest in nondisclosure
clearly outweighs the public interest in disclosure can be exempt. [Gov. Code §
6254(a)].
Final decisions, and the reasoning which supports the final decision, are not
subject to this exemption; this exemption covers only the internal discussions
leading up to the final decision and, then, only if the drafts, notes, and memoranda
reflecting this process are not kept in the ordinary course of business and the
public interest in nondisclosure clearly outweighs the public interest in disclosure.
2. Confidential Legal Writings
Writings to or from the County Counsel’s Office or other attorneys who represent
the County, especially where advice is sought or given, may be exempt from
disclosure. Writings that were either prepared by or for County Counsel’s Office
or other attorneys who represent the County also may be exempt. [Gov. Code §
6254(k), 6254.2; Evid. Code § 950 et seq.] Records pertaining to pending and
proposed litigation, excepting claims, are exempt. [Gov. Code § 6254(b); Ord.
Code § 25-4.404(b)].
Writings concerning advice about an actual or potential conflict of interest;
analysis of a proposed legislative action or position; advice interpreting the Brown
Act, the Public Records Act or similar laws; terms of the settlement of litigation;
and post-negotiation reports are not exempt. [Ord. Code § 25-4.404(e)].
See Section I, for a complete description of “Confidential Legal Writings”.
3. Personnel, Medical, or Similar Records
This exemption generally pertains to writings concerning intimate or personal
information. [Gov. Code § 6254(c)]. For example, employee performance
evaluations, home addresses, and home telephone numbers are all personal
information, subject to this exemption.
Certain other public employee information may be released, however, including:
(1) an employee’s gross salary, job classification, and dates of employment; (2)
Merit Board and arbitration disciplinary proceedings, and writings submitted in
such proceedings; (3) information in cases of emergency or need when such
disclosure appears reasonable to protect any person’s health or welfare; (4)
Administrative Bulletin No. 120.5 June 1, 2009
Public Access to County Records Page 9
information for authorized criminal law enforcement purposes; (5) information
required by subpoena, testimony or other legal process (see Administrative
Bulletin No. 133: “Subpoena Policy”); (6) information that is authorized to be
released to third parties by the written consent of the affected employee (see
Administrative Bulletin No. 431: “Reference Checks and Release of Employee
Information”); and (7) other information, only when reviewed and approved by
County Counsel prior to release. [Ord. Code § 25-4.404(c)].
4. Investigatory Records Compiled for Correctional or Law Enforcement Purposes
Records of complaints, preliminary inquiries to determine if a crime or violation
has been committed, full investigations, and memoranda “closing” an
investigation are generally considered to be exempt from disclosure.
Investigatory reports can include code enforcement activities. There are specific
statutory provisions relating to law enforcement agencies and what must be
disclosed and what must be withheld, so direct any questions in this regard to
County Counsel’s Office. [Gov. Code § 6254(f); Ord. Code § 25-4.404(d)].
5. Examination Data
Test questions, scoring keys, and other examination data used to administer a
licensing, employment or academic examination may be exempt from disclosure.
[Gov. Code § 6254(g)].
6. Real Estate Appraisals or Engineering Studies
Real estate appraisals and engineering studies relating to the acquisition of
property or to prospective construction contracts, until all of the property has been
acquired or all of the contract agreement obtained, may be exempt from
disclosure. If the writing relates to eminent domain, however, check with the
County Counsel’s Office regarding whether the writing is disclosable. [Gov.
Code § 6254(h)].
7. Health Services Contracts
Health Services contracts between the County and the State and writings related to
those contracts may be exempt, in whole or in part. [Gov. Code §§ 6254(q), (t),
(v), (w) and (y); Evid. Code § 1040; and Gov. Code § 6254.14].
8. Particular Statutory Exemptions
There also are a number of particular exemptions that are related to specific
situations, including agricultural information, health facilities, assessment records,
etc. Depending on the nature of the request, these exemptions may apply.
Administrative Bulletin No. 120.5 June 1, 2009
Public Access to County Records Page 10
Note: The Contra Costa County Better Government Ordinance has waived the Public
Records Act provision for the non-disclosure of writings as to which the public interest in
non-disclosure “clearly outweighs” the public interest in disclosure [Gov. Code § 6255].
B. Questions Regarding Disclosability. If you are uncertain about whether a writing may be
withheld from disclosure, consult with County Counsel. Do not disclose a writing if you have
questions regarding its disclosability until County Counsel renders advice, but make sure to
provide the requester with a timely letter concerning the status of the request, as required by the
Better Government Ordinance. [Ord. Code § 25-4.604].
V. HANDLING CONFIDENTIAL LEGAL WRITINGS
This section describes the procedures to be used in handling confidential legal writings.
A. Security of Confidential Legal Writings. Each County department head is responsible for
providing for the security of all confidential legal writings.
1. Files.
a. Separate Files. Confidential legal writings should be kept in files separate from files for
other writings. No writings other than confidential legal writings are to be placed in files
used for storage of confidential legal writings.
b. Files Relating to Litigation. Files for confidential legal writings concerning threatened or
pending litigation should be separated from files for other confidential legal writings.
c. Limited Access. Access to files containing confidential legal writings is to be limited to
County staff with a need to see the contents of the files.
2. Copying. Confidential legal writings should not be copied except as necessary. County staff
should not to keep personal copies of confidential legal writings.
B. Distribution of Confidential Legal Writings. Contact County Counsel’s Office before
distributing a confidential legal writing to anyone other than the designated recipients.
C. Questions Regarding Confidential Legal Writings. If you are uncertain as to whether a
particular writing is a confidential legal writing, seek advice from the County Counsel’s Office.
The writing in question should be treated as confidential until County Counsel resolves its
status.
VI. HANDLING OTHER EXEMPT WRITINGS
This section sets forth procedures to be used in handling writings that are exempt under the Public
Records Act, but that are not confidential legal writings.
A. Storage of Other Exempt Writings: Exempt writings should be kept in files separate from
disclosable public records. No writings other than exempt writings are to be placed in files
used for storage of exempt writings.
Administrative Bulletin No. 120.5 June 1, 2009
Public Access to County Records Page 11
B. Identification of Exempt Writings:
1. Documents: Exempt documents, whether in paper, electronic or other formant, should be
labeled or marked “EXEMPT” or “CONFIDENTIAL” in bold, large type, so as to be easily
distinguished from disclosable public records.
2. Email: Exempt electronic communications, such as emails, should be labeled as “EXEMPT”
or “CONFIDENTIAL” in the subject and body of the communication and maintained in
secure, password protected electronic storage.
VII. DEPARTMENT POLICIES
Departments may, if they so desire, adopt implementing departmental policies on this matter, taking
these regulations into account. Such departmental policies are subject to review and approval by the
County Administrator’s Office before they are implemented.
__________________/s/__________________
David J. Twa
County Administrator
Orig. Depts.: County Administrator’s Office
References: Administrative Bulletin No. 133: “Subpoena Policy”
Administrative Bulletin No. 431: “Reference Checks and Release of Employee Information”
California Government Code §§ 6250 et seq.
County Ordinance Code §§ 25-4.2-2 et seq.
CONTRA COSTA COUNTY How to Request the County’s Public Records Policy Regarding Access to Public Records The California Public Records Act declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in the State because it gives the public an opportunity to monitor the functioning of their government. It is the County’s goal to provide the public with timely access to its public records. What Is a Public Record The California Government Code defines public records as, “…any writing containing information relating to the conduct of the public’s business prepared, owned, used or retained by any state or local agency regardless of physical form or characteristic.” For example, public records can include, but are not limited to, papers, books, maps, charts, photographs, audiotapes, videotapes, and information stored on a computer. What are the County’s Public Records The Public Records Act applies to the records of the County and all agencies, boards, and commissions created by the County’s Board of Supervisors. Who Can Request Public Records Anyone may make a request to inspect or obtain a copy of a public record. A requester is not required to provide any personal identification or reason for the request. What Can Be Requested Generally, all County records are available to the public unless there is a statute that exempts them from disclosure. California Government Code section 6254 provides a partial list of records that may be exempt from disclosure. Some of the types of records that are potentially exempt include: • personnel records, medical records and similar files which would constitute an unwarranted invasion of personal privacy if publicly disclosed; • records pertaining to pending litigation to which a public agency is a party; • preliminary drafts, notes and memoranda; • records of complaints to or investigations conducted by a police agency; • records covered by the attorney-client privilege; • examination data used to administer a licensing, employment or academic examination; and • criminal history information. Where to Find or Request County Records You can find frequently requested County records at the County’s website at www.co.contra-costa.ca.us. You also may request records directly from the County department that has the records you are seeking. If you are not sure which department has the records you are seeking, you can use the following resources to help identify the correct department: County Website: The County’s website at www.co.contra-costa.ca.us contains an alphabetical listing of departments with links to their website. Office of the Clerk of the Board of Supervisors: The staff of the Office of the Board of Supervisors is familiar with the County’s departments and may be able to help you identify the department that has the records you are seeking. The Office of the Clerk of the Board of Supervisors can be reached at (925) 335-1900 or you can visit the office during regular business hours at 651 Pine Street, Room 106 in Martinez. Once you have identified the County department that you believe has the records you are seeking, you may request the records from it in the following ways: By Telephone: Each County department has a telephone number that the public can call during regular business hours to make requests or to be referred to a County employee who can help with the request. By visiting the front counter of a department: Each County department will have a staff person to assist the public with walk-in requests during regular business hours. By submitting a request in writing via E-mail, U.S. Mail or Fax: Most County department can accept requests by email, mail or fax. When submitting a request by one of these methods, provide contact information to permit staff to respond to your request. Department telephone numbers, fax numbers and addresses are published in the Business Listings of the local telephone book and on the County’s website at www.co.contra-costa.ca.us . Email addresses may be obtained by calling the appropriate department. How to Make a Request 1. You may make an oral or written request to the appropriate County department. 2. To speed up your request, make your request as specific as possible about the records you are seeking. For example, you may want to provide a date range for your request, the department or staff that created the requested records, and/or any helpful keywords. 3. Provide contact information or arrange to call or meet with a department representative at a later time to discuss the availability of the requested records. 4. Let the County department know whether you would like to inspect the records or have copies made (which may involve a cost- see below). How Your Request is Processed Each County department will respond directly to requests it receives. If a department receives a request
for records that it does not possess, it will notify you that it has no responsive records and, if it can do so, will forward the request to departments that may possess the requested records. When You Can Expect a Response Upon a request for records that reasonably describes an identifiable record or records, County staff will make every reasonable effort to make the records promptly available to you upon the payment of any applicable fees. If County staff cannot respond immediately, they will tell you when you reasonably can expect a response. When Requested Records Are Ready After you receive a response from the County department concerning the availability of the requested records, you can arrange to inspect or have the records copied: Inspection. If you wish to inspect the records and have provided contact information, a department representative will contact you to make an appointment to inspect the records. If you have not provided the department with contact information, you will need to call or return to the department to arrange for inspection of the records. Copies. If you wish to obtain copies of records and have provided contact information, a department representative will contact you with a time and cost estimate for producing the requested records. You may make pick up the records when they become available or have them mailed to you. If you have not provided the department with contact information, you will need to call or return to the department to arrange for copying and pick up of the records. How Much Does It Cost to Obtain Public Records There is no charge to review records; however, County policy permits the County to charge a fee to cover any duplication, electronic media, and/or data system programming costs. Generally, copies are: ♦ $ 0.10 for a single-sided page ♦ $ 0.20 for a double-sided page ♦ $ 3.00 for a data compact disc Data system programming costs related to extracting, compiling, and displaying data are dependent on the request and the system on which data is stored, and will vary on a case-by-case basis. Contra Costa County Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553 Phone: (925) 335-1900 Fax: (925) 335-1913 www.co.contra-costa.ca.us ~Updated June 2009 GUIDE TO REQUESTING PUBLIC RECORDS CONTRA COSTA COUNTY BOARD OF SUPERVISORS David Twa County Administrator
CONTRA COSTA COUNTY
Office of the County Administrator
ADMINISTRATIVE BULLETIN
Number: 120.5
Date: 6/1/09
Section: General
SUBJECT: Public Access to County Records
Contents: I. DEFINITIONS
II. GENERAL GUIDELINES
III. GENERAL POLICY AND PROCEDURES REGARDING ACCESS TO
PUBLIC RECORDS
IV. WHAT IS AND WHAT IS NOT A DISCLOSABLE PUBLIC RECORD
V. HANDLING CONFIDENTIAL LEGAL WRITINGS
VI. HANDLING OTHER EXEMPT WRITINGS
VII. DEPARTMENT POLICIES
The purpose of this bulletin is to inform County departments about their legal responsibilities under the
California Public Records Act [Gov. Code §§ 6250 et seq.] and the County’s Better Government
Ordinance [Ord. Code §§ 25-4.2 et seq.] with regard to requests for inspection of or copies of County
records.
The California Public Records Act declares that access to information concerning the conduct of the
people’s business is a fundamental and necessary right of every person in the State because it gives the
public an opportunity to monitor the functioning of their government. In accordance with the California
Public Records Act and the Better Government Ordinance, any person is entitled to inspect and to
receive copies of the public records of the County. Except with respect to those records described in
Parts IV, V and VI below, upon a request for a copy of records that reasonably describes an identifiable
record or records, County staff shall make the records promptly available to any person upon payment
of applicable fees.
I. DEFINITIONS
Following are definitions for terms as used in this bulletin:
A. Public Record – Any existing writing containing information relating to the conduct of the
public’s business prepared, owned, used, or retained by the County regardless of physical form
or characteristics. Writings can include, but are not limited to, papers, books, maps, charts,
photographs, audio tapes, videotapes, information stored in non-paper form on a computer or
other electronic media, and other material.
B. Disclosable Public Record – Writings that are not, in whole or in part, exempt from disclosure
under the Public Records Act and the Better Government Ordinance.
C. Confidential Legal Writings:
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Public Access to County Records Page 2
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1. Writings to or from the County Counsel’s Office or other counsel representing the
County concerning matters such as requests for legal advice, opinion or review;
communications regarding pending or potential claims or litigation; and responses to
legal counsel’s request for information; and
2. Writings that were either prepared by or for County Counsel’s Office or other counsel for
the County or prepared for litigation, either planned or in progress.
D. Other Exempt Writings – Writings, other than confidential legal writings, that have been
determined by the County to be exempt from disclosure because the writings fall within one of
the exceptions to the Public Records Act. California Government Code section 6254 provides a
partial list of documents that are potentially, but not necessarily, exempt from disclosure.
E. Unusual circumstances – Circumstances that significantly hinder the ready availability of public
records, such as:
1. the need to search for and collect the writings from offsite facilities;
2. the need to search for, collect, and examine a voluminous amount of separate and distinct
writings that are demanded in a single request;
3. the need to consult with another agency having substantial interest in the determination of
the request or among two or more components of the agency having substantial subject
matter interest therein; or
4. the need to compile data, to write programming language or a computer program, or
construct a computer report to extract electronically-stored data.
II. GENERAL GUIDELINES
The following guidelines should be followed in responding to all Public Record Act requests:
A. A requester is not to be asked to provide a reason for a request.
B. A requester is not required to provide his/her identity in order to inspect or obtain disclosable
public records.
C. Each department should maintain a log or file of Public Record Act requests documenting:
1. the date of the request,
2. the subject matter,
3. any mutual agreement to extend the statutory maximum production deadline
4. the number of documents and other writings produced,
5. the date of production,
6. any applicable fees collected,
7. receipts, and
8. copies of any related correspondence.
Administrative Bulletin No. 120.5 June 1, 2009
Public Access to County Records Page 3
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D. In responding to a Public Record Act request, the responding department shall determine the
disclosability of each responsive writing, regardless of whether a writing has previously been
labeled as “Confidential” or “Exempt.”
E. Subpoenas are different from Public Record Act requests. Consult Administrative Bulletin
No. 133: “Subpoena Policy” concerning how to proceed if you receive a subpoena.
F. Consult County Counsel if you are unsure as to whether a writing is a disclosable public
record.
G. If a requested writing does not exist at the time of the request, you have no duty to create
such a writing.
III. GENERAL POLICY AND PROCEDURES REGARDING ACCESS TO PUBLIC RECORDS
A. Locate and Produce Public Records Promptly. The general rule is that disclosable
County records (writings that are not exempt, as discussed in Section IV below) may be
inspected anytime during regular business hours. [Gov. Code § 6253(a)]. If copies are
requested, they should be provided no later than the next business day if it is possible to
do so. [Ord. Code §25-4.604]. Immediate production generally is possible when:
1. you can readily identify the writings being sought,
2. you locate the requested writings.
3. you determine that they are disclosable public records, and
4. the requester pays any applicable copying fees, or just wants to look at the records
without taking copies, in which case there is no fee.
B. Locating Records. Below are some guidelines to help you find writings that are
responsive to the request.
1. Review the Request. The request for inspection or copying of records should
reasonably describe an identifiable writing or writings. [Gov. Code § 6253(b)]. If
the request is too vague for you to provide a response, you should ask the
requester for clarification. [Gov. Code § 6253.1].
a. Asking for Oral Clarification. You might ask the requester:
“Can you narrow the scope of your request to a specific date range?”
“Can you think of any keywords I could use to search for this?”
“Do you know what County departments or officials might have
originated the documents?”
b. Asking for Written Clarification. Written requests help clarify what
writings are being requested and permit the County to track the request.
Although requesters are not required to put their requests in writing, some
Administrative Bulletin No. 120.5 June 1, 2009
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requesters may choose to make a written request or you can write down
their oral request. In either case, you may use the County standard Public
Records Request Form (attached) or a form developed by your department
to obtain a written description of the request.
2. Consult record indexes and filing systems.
3. Ask knowledgeable persons.
4. Look in logical places.
C. Delayed Response to Request for Production. As a practical matter, County staff may
need time to identify and locate the writings. If the department can’t immediately
produce the requested writings and needs more time to provide a response, staff should
do the following:
1. Request Contact Information. You may ask the requester for contact information
so you can keep the requester updated about the production status or, if the
requester prefers not to provide contact information, give the requester the name
and phone number of a person in your department who can be called concerning
the status of the request.
2. Three-Day Notice. Within three business days after receipt of the request, send a
letter to the requester, from the department head, notifying the requester that more
time is needed to locate the requested writings. Absent “unusual circumstances,”
(as defined in Section I above) this letter will notify the requester that a response
will be provided within ten calendar days after the date of the request. A sample
notification letter might look like this:
This is to inform you that the [name]
Department has received your Public Records Act
request of [date] . We anticipate that a
response to your request will be provided on or
before [date - no more than 10 days from original
request]. Please contact [name of staff person]
at [phone number] if you have any questions.
3. Ten-Day Notice. Within ten calendar days after receipt of the request, tell the
requester whether your department was able to find the requested writings and
whether any exception to the obligation to disclose the writings exists, or whether
your department needs an extension of time to respond to the request. [Gov. Code
§ 6253(c)]. The goal is to provide the records within ten calendar days if it is
possible to do so. If it is not possible, then provide a good faith estimate as to
when the writings can be provided (keeping in mind the general obligation to
Administrative Bulletin No. 120.5 June 1, 2009
Public Access to County Records Page 5
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provide the records promptly). A sample letter is shown under Section III.D.
below.
4. Extension Needed - Fourteen-Day Notice. If “unusual circumstances” exist (see
the definition in Section I above), the law allows an extension of fourteen (14)
calendar days to respond to the requester. [Gov. Code § 6253(c)]. However, you
must provide written notification of the extension to the requester. A sample
notification letter might look like this:
This is to inform you that Contra Costa County needs
to extend its time to respond to your Public Records
Act request of [date] . Your request involves
searching for and collecting records from facilities
separate from the County Administration Building,
651 Pine St., Martinez. Your request also involves
examining a voluminous amount of separate and
distinct records. Accordingly, due to these
circumstances and pursuant to Government Code
section 6253(c), the County must extend the time to
respond to your request to [date - no more than 24
calendar days from original request.]. Please contact
me if you have any questions.
5. Negotiation of Extension – Confirmation Letter. If, under extraordinary
circumstances, you believe you will be unable to produce requested writings
within the maximum statutory deadline, you may seek to negotiate an extended
deadline with the requester. Any mutually agreed upon extension should be
confirmed in writing with the requester immediately after you reach agreement to
extend the deadline for the County’s response. A sample confirmation letter
might look like this:
This is to confirm our agreement providing Contra
Costa County with additional time to respond to your
Public Records Act request of [date] .
Pursuant to our agreement, the County will respond
to your request by [date] . We appreciate
your patience as we assemble the requested
information. Please contact me if you have any
questions.
D. Production and Payment of Fees. Once disclosable public records have been located,
notify the requester that the documents are available for inspection, or that copies may be
obtained upon payment of any applicable fees. While the notification letter will vary
according to the circumstances, a sample notification letter might look like this:
Administrative Bulletin No. 120.5 June 1, 2009
Public Access to County Records Page 6
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This is the [Name of Department]
Department’s response to your public records request, dated
____________, 2009 and received by this office on ,
2009. The [Name of Department]
Department will produce records it possesses in response to your
request. If you wish to inspect the records, the [Name of
Department] Department is open from 8:00 a.m.
to 5:00 p.m. (closed for lunch from noon to 1:00 p.m.). You may
contact [Name of staff person ] , at (xxx) xxx-xxxx to schedule
a time to inspect the documents.
If you would like copies of these records, the cost of copies will be
$_______ (______ pages at $.10 per page), plus $______ for
postage, for a total of $_______. To receive copies, please send
your check for $______ payable to Contra Costa County to: [Name
and address of Department]. When your check is received, the
[Name of Department] Department will make copies and
mail the records to you.
E. Applicable Fees
1. Ten Cent Fee in Most Circumstances. Other than in the circumstances listed
below, the County may charge a fee not to exceed ten cents per single-sided page,
20 cents for a double-sided page, plus any postage costs. [Ord. Code § 25-4.610
(d)].
2. No Fee under Certain Circumstances. The County may not charge a fee for
inspection of writings or for a copy of writings routinely produced in multiple
copies for distribution, for example, meeting agendas and related materials that
are twenty or fewer pages in length per document. [Ord. Code §§ 25-
4.610(a),(b)].
3. One Cent Fee Under Certain Circumstances. The County may charge a fee of one
cent for a copy of writings routinely produced in multiple copies for distribution,
for example, meeting agendas and related materials that contain more than twenty
pages per document. [Ord. Code §§ 25-4.610(c)].
4. Electronic Writings.
a. The County may charge a person requesting an electronic writing the direct
cost of the media on which the information is duplicated. For writings
provided electronically on a compact disc, a fee not to exceed $3.00 may
be charged, plus postage cost. [Gov. Code § 6253.9].
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b. When (1) the electronic writing is one that is produced only at scheduled
intervals, or (2) production of the writing would require data compilation
extraction, the requester may be charged the cost of producing a copy of
the electronic writing, including the cost to construct a writing and the cost
of programming and computer services necessary to produce a copy of the
writing. [Gov. Code § 6253.9].
5. Outside Copy Services. Rather than making copies itself, the County may
contract at the market rate to have a commercial copier produce the duplicates.
[Ord. Code §25-4.610(e)]. Before copies are made by the outside copy service,
the department should notify the requester of the cost and make arrangements for
payment.
6. State Law. If state law prescribes other fees, those fees may be charged in
compliance with state law.
F. Exempt Records. If you determine that some or all of the requested writings are exempt,
send the requester a letter explaining why those requested writings are exempt. If you
need help drafting this letter, ask the County Counsel’s Office for assistance.
G. No Responsive Writings. If your department does not have any documents that are
responsive to the request:
1. Forward the Request to Other Departments. Attempt to determine if any other
County department has documents that are responsive to the request. If you
determine that another department may have responsive documents, send a formal
memorandum to the department or departments that may have responsive
writings, asking that they respond to the requester, and send a copy of the memo
to the requester.
2. Notify the Requester. Notify the requester that your department has no documents
that respond to the request.
IV. WHAT IS AND WHAT IS NOT A DISCLOSABLE PUBLIC RECORD
A. Any person has a right to inspect any existing public record with the exception of the
records exempted by the Public Records Act. The types of writings potentially exempt
from disclosure under the Public Records Act include, but are not limited to, the
following:
1. Preliminary Drafts, Notes, Memoranda and “Deliberative Process”
Writings that are (1) notes, drafts or memoranda, and (2) which are not retained in
the ordinary course of business, and (3) where the public interest in nondisclosure
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record request shall be satisfied no later
than the next business day following the
request. But, within that time a
Department Head may advise the
requestor in writing that the request will
not be answered until a future date. (Ord.
Code § 25-4.604) Subject to this rule, a
department may take not to exceed 10
days, to respond to requests for inspection
or copies of public records. This time
period may be extended for an additional
14 days by written notice from the
department head or designee to the
person making the request, in order to
assemble the material requested, or to
consult with counsel concerning the
propriety of disclosure (
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clearly outweighs the public interest in disclosure can be exempt. [Gov. Code §
6254(a)].
Final decisions, and the reasoning which supports the final decision, are not
subject to this exemption; this exemption covers only the internal discussions
leading up to the final decision and, then, only if the drafts, notes, and memoranda
reflecting this process are not kept in the ordinary course of business and the
public interest in nondisclosure clearly outweighs the public interest in disclosure.
2. Confidential Legal Writings
Writings to or from the County Counsel’s Office or other attorneys who represent
the County, especially where advice is sought or given, may be exempt from
disclosure. Writings that were either prepared by or for County Counsel’s Office
or other attorneys who represent the County also may be exempt. [Gov. Code §
6254(k), 6254.2; Evid. Code § 950 et seq.] Records pertaining to pending and
proposed litigation, excepting claims, are exempt. [Gov. Code § 6254(b); Ord.
Code § 25-4.404(b)].
Writings concerning advice about an actual or potential conflict of interest;
analysis of a proposed legislative action or position; advice interpreting the Brown
Act, the Public Records Act or similar laws; terms of the settlement of litigation;
and post-negotiation reports are not exempt. [Ord. Code § 25-4.404(e)].
See Section I, for a complete description of “Confidential Legal Writings”.
3. Personnel, Medical, or Similar Records
This exemption generally pertains to writings concerning intimate or personal
information. [Gov. Code § 6254(c)]. For example, employee performance
evaluations, home addresses, and home telephone numbers are all personal
information, subject to this exemption.
Certain other public employee information may be released, however, including:
(1) an employee’s gross salary, job classification, and dates of employment; (2)
Merit Board and arbitration disciplinary proceedings, and writings submitted in
such proceedings; (3) information in cases of emergency or need when such
disclosure appears reasonable to protect any person’s health or welfare; (4)
information for authorized criminal law enforcement purposes; (5) information
required by subpoena, testimony or other legal process (see Administrative
Bulletin No. 133: “Subpoena Policy”); (6) information that is authorized to be
released to third parties by the written consent of the affected employee (see
Administrative Bulletin No. 431: “Reference Checks and Release of Employee
Information”); and (7) other information, only when reviewed and approved by
County Counsel prior to release. [Ord. Code § 25-4.404(c)].
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C. Any refusal to disclose a public
record must be justified in writing. (Gov.
Code §6253, Ord. Code § 25-4.608) If
possible, exempt information shall be
masked (“redacted”) or deleted so that the
non-exempt portion of a requested record
may be released. (Gov.
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4. Investigatory Records Compiled for Correctional or Law Enforcement Purposes
Records of complaints, preliminary inquiries to determine if a crime or violation
has been committed, full investigations, and memoranda “closing” an
investigation are generally considered to be exempt from disclosure.
Investigatory reports can include code enforcement activities. There are specific
statutory provisions relating to law enforcement agencies and what must be
disclosed and what must be withheld, so direct any questions in this regard to
County Counsel’s Office. [Gov. Code § 6254(f); Ord. Code § 25-4.404(d)].
5. Examination Data
Test questions, scoring keys, and other examination data used to administer a
licensing, employment or academic examination may be exempt from disclosure.
[Gov. Code § 6254(g)].
6. Real Estate Appraisals or Engineering Studies
Real estate appraisals and engineering studies relating to the acquisition of
property or to prospective construction contracts, until all of the property has been
acquired or all of the contract agreement obtained, may be exempt from
disclosure. If the writing relates to eminent domain, however, check with the
County Counsel’s Office regarding whether the writing is disclosable. [Gov.
Code § 6254(h)].
7. Health Services Contracts
Health Services contracts between the County and the State and writings related to
those contracts may be exempt, in whole or in part. [Gov. Code §§ 6254(q), (t),
(v), (w) and (y); Evid. Code § 1040; and Gov. Code § 6254.14].
8. Particular Statutory Exemptions
There also are a number of particular exemptions that are related to specific
situations, including agricultural information, health facilities, assessment records,
etc. Depending on the nature of the request, these exemptions may apply.
Note: The Contra Costa County Better Government Ordinance has waived the Public
Records Act provision for the non-disclosure of writings as to which the public interest in
non-disclosure “clearly outweighs” the public interest in disclosure [Gov. Code § 6255].
B. Questions Regarding Disclosability. If you are uncertain about whether a writing may be
withheld from disclosure, consult with County Counsel. Do not disclose a writing if you have
questions regarding its disclosability until County Counsel renders advice, but make sure to
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Deleted: 6253, Ord.
Deleted: 25-4.606).
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Administrative Bulletin No. 120.5 June 1, 2009
Public Access to County Records Page 10
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provide the requester with a timely letter concerning the status of the request, as required by the
Better Government Ordinance. [Ord. Code § 25-4.604].
V. HANDLING CONFIDENTIAL LEGAL WRITINGS
This section describes the procedures to be used in handling confidential legal writings.
A. Security of Confidential Legal Writings. Each County department head is responsible for
providing for the security of all confidential legal writings.
1. Files.
a. Separate Files. Confidential legal writings should be kept in files separate from files for
other writings. No writings other than confidential legal writings are to be placed in files
used for storage of confidential legal writings.
b. Files Relating to Litigation. Files for confidential legal writings concerning threatened or
pending litigation should be separated from files for other confidential legal writings.
c. Limited Access. Access to files containing confidential legal writings is to be limited to
County staff with a need to see the contents of the files.
2. Copying. Confidential legal writings should not be copied except as necessary. County staff
should not to keep personal copies of confidential legal writings.
B. Distribution of Confidential Legal Writings. Contact County Counsel’s Office before
distributing a confidential legal writing to anyone other than the designated recipients.
C. Questions Regarding Confidential Legal Writings. If you are uncertain as to whether a
particular writing is a confidential legal writing, seek advice from the County Counsel’s Office.
The writing in question should be treated as confidential until County Counsel resolves its
status.
VI. HANDLING OTHER EXEMPT WRITINGS
This section sets forth procedures to be used in handling writings that are exempt under the Public
Records Act, but that are not confidential legal writings.
A. Storage of Other Exempt Writings: Exempt writings should be kept in files separate from
disclosable public records. No writings other than exempt writings are to be placed in files
used for storage of exempt writings.
B. Identification of Exempt Writings:
1. Documents: Exempt documents, whether in paper, electronic or other formant, should be
labeled or marked “EXEMPT” or “CONFIDENTIAL” in bold, large type, so as to be easily
distinguished from disclosable public records.
Administrative Bulletin No. 120.5 June 1, 2009
Public Access to County Records Page 11
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2. Email: Exempt electronic communications, such as emails, should be labeled as “EXEMPT”
or “CONFIDENTIAL” in the subject and body of the communication and maintained in
secure, password protected electronic storage.
VII. DEPARTMENT POLICIES
Departments may, if they so desire, adopt implementing departmental policies on this matter, taking
these regulations into account. Such departmental policies are subject to review and approval by the
County Administrator’s Office before they are implemented.
__________________/s/__________________
David J. Twa
County Administrator
Orig. Depts.: County Administrator’s Offices
References: Administrative Bulletin No. 133: “Subpoena Policy”
Administrative Bulletin No. 431: “Reference Checks and Release of Employee Information”
California Government Code §§ 6250 et seq.
County Ordinance Code §§ 25-4.2-2 et seq.
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Government Code Section 6252(e) defines “public records” as follows:
“‘Public records’ include any writing containing information relating to the
conduct of the public’s business prepared, owned, used, or retained by any state or
local agency regardless of physical form or characteristics.”
3
Any
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in accordance with section 6250 et seq. of the Government Code, and the Better Government
Ordinance.
The law does not require the County or any of its personnel to compile written information or to
formulate or disclose oral opinions.
I. CONFIDENTIAL DOCUMENTS AND DOCUMENTS NOT REQUIRED TO BE
DISCLOSED. Not all County records are required to be disclosed to the public.
Records generally exempt from public disclosure include, but are not limited to, the
following:
A. The Public Records Act provides an exemption for preliminary drafts, notes,
inter-agency or intra-agency memoranda which are not retained by the County in
the ordinary course of business (Gov. Code §6254(a)). The Better Government
Ordinance provides that preliminary memoranda and documentation on pending
contracts and matters under negotiation are not subject to disclosure until final
action has been taken. (Ord. Code § 25-4.404(a).) In the case of any conflict, the
provisions of the Public Records Act will prevail.
Section Break (Continuous)
B. Records pertaining to pending and proposed litigation, excepting claims (Gov.
Code § 6254(b), Ord. Code § 25-4.404(b)) and final settlements;
C. Personnel, medical, or similar files (Gov. Code § 6254(c)) excepting statistical
non-identifying employee data, professional biographies, job descriptions, total
salary and benefit amounts, memoranda of understanding, records of certain
confirmed misconduct and records of disciplinary appeals (Ord. Code § 25-
4.404(c));
D. Peace Officer personnel records (Penal Code § 832.5);
E. Investigatory or security files compiled for correctional or law enforcement
purposes with some exceptions (Gov. Code § 6254(f); Ord. Code § 25-4.404(d));
F. Test questions, scoring keys, or other examination data used to administer an
employment or academic examination (Gov. Code § 6254(g));
G. Real estate appraisals or engineering studies relative to the acquisition of property
(Gov. Code § 6254(h));
4
H. Official information acquired by the County on a confidential basis (Evid. Code §
1040, Gov. Code § 6254(k));
I. Confidential legal advice and legal records (Gov. Code § 6254(k), 6254.2, Evid.
Code § 950 et seq.) excepting records of advice concerning an actual or potential
conflict of interest, or a proposed legislative action or position, advice interpreting
the Brown Act or the Public Records Act, and post-negotiation reports (Ord. Code
§ 25-4.404(e)); and
J. Records the disclosure of which is exempted or prohibited by state or federal law
(Gov. Code § 6254(k), Evid. Code § 1040 et seq.).
K. Confidential “Official information”, the disclosure of which is against the public
interest. (Evid. Code § 1040).
Note: The Contra Costa County Better Government Ordinance has waived the Public
Records Act provision for the non-disclosure of records as to which the public interest in
non-disclosure “clearly outweighs” the public interest in disclosure (Gov. Code § 6255).
L Health Services contracts between the County and the State to the extent indicated
in Government Code sections 6254(q),(t),(v),(w) and (y) and justifiable under
Evidence Code section 1040 or Government Code section 6254.14.
Section Break (Continuous)Departments shall request advice from County Counsel if there is an uncertainty as to whether a
document may be withheld from disclosure. Such documents shall not be disclosed until the
County Counsel advice is received but status letters shall be provided by departments in a timely
manner to the requester as required by the Better Government Ordinance. (Ord. Code § 25-
4.604.)
II. CONFIDENTIAL LEGAL DOCUMENTS
A. Purpose. Section II sets forth procedures to be used in handling communications
between departments and the County Counsel’s office and other counsel,
representing or advising the County, County personnel, a County department,
authority, commission, or district governed by the Board of Supervisors. Its
purpose is to provide means to preserve the confidentiality of documents which
are privileged from disclosure to the public or to opposing parties in pending
litigation.
B. Covered Documents. Section II covers all confidential communications including
notes or memoranda of conversations between the County Counsel’s office or
other counsel for the County, and departments or employees, which contain legal
opinions, requests for legal opinions, or provide data to counsel necessary for
preparation for litigation or for legal opinions. If there is uncertainty as to
whether a document is covered, it should be treated as confidential.
5
C. Security of Confidential Legal Documents. It is the responsibility of the
Department Head to provide for the security of all confidential communications.
1. Files. Separate files should be maintained for the documents referred
to in Section II. A separate file should also be maintained
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litigation. These files should be physically separated from other department files.
Access to legal files is to be limited to confidential employees with a need
to see the contents of the files.
2. Copying. Confidential legal documents are not to be copied except as
necessary. Copies not retained in the department legal files shall be
destroyed. Employees are not to keep personal copies of confidential legal
documents.
D. Distribution of Confidential Legal Documents. Confidential legal
documents are to be distributed only to
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employees of the department who:
1. Exercise management control on behalf of the County; and
2. Have a need to have knowledge of the contents of those documents.
Section Break (Next Page)
6
Under no circumstances are confidential legal documents to be distributed to persons not
employed by the County or to persons whose interests are adverse to those of the County,
without the prior advice of County counsel.
E. Other Documents. The purpose of creating separate files for confidential
documents subject to the attorney client privilege and the work-product
doctrine is to maintain the privileges and to protect the documents from
disclosure. No other documents are to be placed in files used for storage
of confidential legal documents.
Departments may find it prudent to use the procedures set forth herein for other
confidential documents.
III. EMPLOYEE INFORMATION DISCLOSURE. Subject to Part I.C., above,
personnel records of public employees and any other personal information
concerning public employees, such as performance evaluations, are confidential
and should not be disclosed to third parties without the written consent of and
release by the affected employee or a court order compelling disclosure, except as
discussed here.
A. The public is entitled to see non-confidential records concerning public
employees including those which show the names of public employees,
their gross salary entitlements, job classification, and dates of
employment.
B. Merit Board and arbitration disciplinary or discrimination appeal
proceedings, and documents submitted in such proceedings, are public
records.
C. Disclosure of home addresses or telephone numbers of peace officers is
prohibited under the Penal Code.
D. The County may disclose confidential employee information in cases of
emergency or need when such disclosure appears to be reasonable to
protect any person’s health or welfare and permission cannot be timely
obtained.
E. The County will make employee records and other personal information
available for authorized criminal law enforcement purposes including
investigation.
F. Disclosure of employee information may be required by subpoena duces
tecum, testimony, or other legal process. (Reference Administrative
Bulletin No. 133: Subpoena Policy)
7
G. Other personnel records may be public records subject to disclosure. In
case of doubt such records should be reviewed with County Counsel
before they are disclosed.
Except as noted above, employee information may only be released
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written authorization signed by the individual concerned. (Reference
Administrative Bulletin No. 431: Reference Checks and Release of Employee
Information)
IV. ACCESS TO PUBLIC DOCUMENTS
A. The following policies apply with respect to requests for inspection or
copies of public records:
1. The
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should be made in writing and must
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2. A department should advise the requesting person in writing of the
place and time where inspection of records can be carried out;
3. Fees: Section 25-4.610 of the Better Government Ordinance
provides:
(a) No fee shall be charged for making public records available for
review.
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(b) No fee shall be charged
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John Sweeten
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Administrative Bulletin No. 133: “Subpoena Policy”
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431: “Reference Checks and Release of Employee Information
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