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Home My WebLink AboutMINUTES - 07082014 - D.10RECOMMENDATION(S): APPROVE response to 2013/14 Civil Grand Jury Report No. 1405 entitled, "The Public Records Act in Contra Costa County" and DIRECT the Clerk to the Board to send the response to the Superior Court no later than July 15, 2014. FISCAL IMPACT: None. This is an informational report. BACKGROUND: On June 5, 2014, the County received 2013/14 Civil Grand Jury Report No. 1405 entitled, "The Public Records Act in Contra Costa County", attached, which was filed on May 30, 2014. Penal Code section 933 provides for final grand jury reports at any time during the grand jury’s term and requires the governing body of any agency whose operations are the subject of a report to comment on the grand jury's findings and recommendations to the presiding judge of the superior court within 90 days from the date the governing body receives the report, making the Board's response deadline for Report No. 1405 on September 5, 2014. The Board of Supervisors, on June 24, directed the County Administrator to prepare a response for Board consideration. Attached is the draft response prepared for submission to the Superior Court on behalf of the County, the Contra Costa County Fire Protection District, and the Crockett-Carquinez Fire Protection District, all of which are subject to the County's Better Government Ordinance and Public Access to County Records Policy. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/08/2014 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: JULIE DiMAGGIO 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: July 8, 2014 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: CAO (DiMaggio Enea) D.10 To:Board of Supervisors From:David Twa, County Administrator Date:July 8, 2014 Contra Costa County Subject:RESPONSE TO 2013/14 CIVIL GRAND JURY REPORT NO. 1405 ENTITLED "THE PUBLIC RECORDS ACT IN CONTRA COSTA COUNTY" BACKGROUND: (CONT'D) The Grand Jury was complimentary towards the County's policies and practices with respect to public access to County records. We can agree to most of the findings except Nos. 5 and 6, which pertained generally to cities and special districts, and did not distinguish between County special districts and independent special districts. The County has implemented most of the recommendations. We are recommending that the County not implement parts of Recommendation No. 3 due to concerns about internet privacy, potential for identity theft, and cost, and because internet publication of the specified document types is required neither by law nor County policy. ATTACHMENTS DRAFT Response to GJ Report 1405 - The Public Records Act in Contra Costa County Grand Jury Report 1405 - The Public Records Act in Contra Costa County Contra Costa County Board of Supervisors on Behalf of the Contra Costa County, Contra Costa County Fire Protection District, and Crockett-Carquinez Fire Protection District Response to Civil Grand Jury Report No. 1405, entitled “The Public Records Act in Contra Costa County ” Findings 1. The State of California's policy of transparency in government is embodied in the California Public Records Act (CPRA). Response: The respondent agrees with the finding. 2. Contra Costa County's policy of transparency in government has been strengthened by its adoption of the Better Government Ordinance. Response: The respondent agrees with the finding. 3. Contra Costa County conducts periodic training of its employees regarding how to respond to requests for records under the CPRA and the Better Government Ordinance. Response: The respondent agrees with the finding. The County provides training to designated department and agency em ployees biennially. 4. The response to CPRA requests by departments reporting to the Board of Supervisors is generally timely and appropriate. Response: The respondent agrees with the finding. 5. The response to CPRA by cities and special districts within Co ntra Costa County is uneven. Some entities are responsive, while others have a delayed response or fail to respond entirely. Response: The County is unable to verify the finding. 6. Employees of cities and some special districts who deal with CPRA requests are unfamiliar with t he Act and the responsibilities of their agency when records are requested. Response: The County is unable to verify the finding but can confirm that the designated employees of the County’s dependent special districts receive periodic training on their duties under the CPRA and the County’s Better Government Ordinance . 7. Among the most valuable documents that could be included on websites are: Statements of Economic Interests, Employment Contracts, Annual Audits, Travel and Ente rtainment reimbursements, and agendas and supporting documents for public meetings. Response: The respondent agrees that these documents are among the document types frequently requested of the County. In addition to the annual budget documents, audits, annual debt reports, and the Comprehensive Annual Financial Report s, the County currently publishes on the County website meeting agendas and supporting documents for the Board of Supervisors and its standing committees, the Contra Costa County Fire Protection District, and the Contra Costa County Housing Authority (a separate agency). Recommendations 1. Cities and special districts in Contra Costa County should consider adopting a policy similar to the Better Government Ordinance, expanding the right of the public to access to public records. Response: The recommendation has been implemented. The County’s dependent special districts are subject to the Better Government Ordinance. 2. Cities and special districts in Contra Costa County should arrange for periodic training of employees who are responsible for responding to Public Records Act requests. Response: The recommendation has been implemented. Training is offered biennially to designated staff of County departments and dependent special districts. 3. Cities and special districts should consider making certain public records that are clearly disclosable under the CPRA available on their websites: a. Statements of Economic Interests b. Employment Contracts c. Annual Audits d. Travel and Entertainment reimbursements e. Agendas and supporting documents for public meetings. Response: The recommendation has been implemented with respect to (c) and (e). The recommendation will not be implemented with respect to (a), (b), and (d) because it is not reasonable or warranted. Economic Interest Statements, employment contracts, and travel reimbursements may contain personal information that, while publicly disclosable, is not appropriate for publication on the worldwide web. Redaction of home addresses, personal telephone numbers, personal email addresses, and signatures for web presentation would be cost -prohibitive. These types of documents remain available for inspection at no charge and for production at nominal charge upon request. A REPORT BY THE 2013-2014 CONTRA COSTA COUNTY GRAND JURY 725 Court Street Martinez, California 94553 REPORT 1405 THE PUBLIC RECORDS ACT IN CONTRA COSTA COUNTY Letting the Sun Shine In APPROVED BY THE GRAND JURY: STEP D. CONLIN GRAND JURY FOREPERSON ACCEPTED FOR FILING: Date: Sls @/I Y 1 T. LAETTNER DGE OF THE SUPERIOR COURT