HomeMy WebLinkAboutMINUTES - 06141994 - S.1 S. 1
THE BOARD OR SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 14, 1994 by the following vote:
AYES: Supervisors Smith, DeSaulnier, Bishop
NOES: None
ABSENT: Supervisors Powers, Torlakson
ABSTAIN: None
SUBJECT: Proposed Better Government Ordinance
Supervisor Jeff Smith presented for Board consideration
this day a proposed Better Government Ordinance setting forth the
County's policy of open access to an efficient and effective
government. A copy of the Ordinance is attached and included as
a part of this document.
Supervisor Smith recommended that the Ordinance be
introduced this day, reading waived, and referred to County
Counsel and the County Administrator for further refinement and
report to the Board on June 28, 1994. He suggested that the
adoption of the proposed Ordinance be tentatively scheduled for
July 19, 1994.
IT IS BY THE BOARD ORDERED that the recommendation of
Supervisor Smith is APPROVED.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Boats of Supervisors on thedate shown.
ATTESTED: -� /� ;,
PHIL 13AObHELOR,Clerk of the Board
of Supervisors and County Administrator
Deputv
cc: County Counsel
County Administrator
To: BOARD OF SUPERVISORS
FROM: SUPERVISOR JEFF SMITH _ i, Contra
Costa
SUBJECT: CONSIDER BETTER GOVERNMENT ORDINANCE County
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Consider introduction of attached ordinance.
FISCAL IMPACT:
Minimal
BACKGROUND:
The State's recent modifications of the Brown Act have left some governmental agencies with differing opinions
regarding its requirements. In the interest of clarification and efficiency, this ordinance is suggested. It would codify
interpretations of the Brown Act and policies of Contra Costa County, This County has been committed to citizen
involvement in government. That involvement is predicated upon access to policy makers and public information.
Patterned after a San Francisco statute, this ordinance sets forth The County's clear policy of open access to an
efficient and effective government,
CONTINUED ON ATTACHMENT: YES SIGNATURE
_RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERV
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (AB AND CORRECT COPY OF AN ACTION TAKEN
AYES: ES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT-.--_________ABS OF SUPERVISORS ON THE DATE SHOWN.
Contact Person: TTESTED
CC: CAO
County Counsel PHIL BATCHELO , ERK OF THE BOARD OF
SUPERVISORS AND COUNTY A NISTRATOR
BY DEPUTY
T 1 1
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BETTER GOVERNMENT ORDINANCE
1.MEETINGS
1. Application to policy bodies; definitions
(a) For the purposes of this ordinance a"policy body" means:
(1) the Board of Supervisors;
(2) any other permanent or temporary board, commission or committee of the County which is
created by the Board of Supervisors, by another policy body of the County, or by an individual
member of a policy body acting on authority of the policy body of the County.
(3) any permanent advisory committee created by the Chief Adminisrative Officer of the County at
the direction of the Board of Supervisors.
(b) A "delegated body" is any entity which receives any grant of governmental authority or
provision of any governmental financial support and is governed by a multi-member body, which
includes one or more members of a policy body of the county.
2 Meetings to be open and public; application of Brown Act
(a) All meetings of any policy body of the county shall be open and public, and governed by
the provisions of the Ralph M. Brown Act (Government Code Section 54950 et. seq.) and of this
ordinance, In case of inconsistent requirements under the Act or this ordinance, the requirement
which would result in greater or more expedited public access shall apply.
(b) The county shall require that meetings of a "delegated body" which concern the use of
governmental authority, the deliberation of related policy, or use of governmental financial support
be conducted pursuant to the Ralph M. Brown Act(Government Code Section 54950 et seq.) and
the provisions of this ordinance, to the extent not clearly inconsistent with state or federal law.
(c) To the extent not inconsistent with state or federal law, a policy body shall include in any
contract with an entity that owns, operates or manages any property in which the County has or
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will have an ownership interest, including a mortgage, and on which the entity performs a
government function related to the furtherance of health, safety or welfare, a requirement that any
meeting of the governing board of the entity to address any matter relating to the property or its
government related activities on the property, be conducted as provided in subdivision (b) of this
section.
3.Agendas and related materials:public records
(a) Agendas of meetings and any other documents, when distributed to all, or a majority of
all, of the members of a policy body by any person in connection with a matter subject to
discussion or consideration at a public meeting shall be made available to the public. However,
this release need not include any material distributed in connection with a matter subject to
discussion or consideration in a closed session if the writing is exempt from public disclosure
under Government Code Sections 6253.5,6254, or 6254.7.
(b) Records which are releasable under subdivision (a) and which are intended for
distribution to the body prior to commencement of a public meeting shall be made available for
public inspection and copying upon request prior to commencement of such meeting, whether or
not actually distributed to or received by the body at the time of the request.
(c) Records which are releasable under subdivision (a) and which are distributed during a
public meeting but prior to commencement of their discussion shall be made available for public
inspection prior to commencement of, and during, their discussion.
(d) Records which are releasable under subdivision (a) and which are distributed during
their discussion at a public meeting shall be made available for public inspection immediately or
as soon thereafter as is practicable.
(e) A policy body of the county may charge a duplication fee of one cent per page for a
copy of a public record prepared for consideration at a public meeting. Neither this section nor the
California Public Records Act (Government Code Section 6250 efseq.) shall be construed to limit
or delay the public's right to inspect any record required to be disclosed by that act, whether or not
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distributed to a policy body of the county.
4. hosed sessions: pending litigation
(a) A policy body, based on advice of its legal counsel, may hold a closed session to confer
with, or receive advice from. its legal counsel regarding pending litigation when discussion in open
session concerning those matters would prejudice the position of the county in that litigation.
(b) Litigation shall be considered pending when any of the following circumstances exist:
(1) An adjudicatory proceeding before a court, administrative body exercising its adjudicatory
authority, hearing officer, or arbitrator, to which the local county is a party, has been initiated
formally.
(2) A point has been reached where, in the opinion of the policy body of the local county on
the advice of its legal counsel, based on existing facts and circumstances, there is a significant
exposure to litigation against the local county, or the body is meeting only to decide whether a
closed session is authorized pursuant to that advice or, based on those facts and circumstances.
the body has decided to initiate or is deciding whether to initiate litigation.
(c) Litigation shall not be considered pending if it is contingent on some future action of a
policy body, including but not limited to the entry into a contract or other agreement, the adoption
of a policy or procedure for the operation of the county, or the approval of an ordinance or other
rule. Legal advice as to the potential litigation consequences of such actions not yet taken, if
provided by counsel at a meeting of a policy body, is to be conveyed openly as a matter of public
record.
(d) A closed session may not be held under this section to consider the qualifications or
engagement of an independent contract attorney or law firm, for litigation_services or otherwise.
(e) Prior to holding a closed session pursuant to this section, the policy body shall disclose
the justification for its closure either by entries in the appropriate categories on the agenda or. in
the case of an item added to the agenda based on a finding of necessity and urgency, by an oral
announcement specifying the same information.
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5. Closed sessions:employee salaries and benefits
(a) A policy body with authority over employee compensation and benefits may hold closed
sessions with the county's designated representatives regarding the salaries, salary schedules, or
compensation paid in the form of fringe benefits of its represented and unrepresented employees.
Closed sessions shall be for the purpose of reviewing the county's position and instructing its
designated representatives and may take place solely prior to and during active consultations and
discussions between the county's designated representatives and the representatives of
employee organizations or the unrepresented employees. A policy body shall not discuss or
negotiate compensation or other contractual matters in closed session with one or more
employees directly or indirectly interested in the outcome of the negotiations.
(b) In addition to the closed sessions authorized by subdivision (a), a policy body subject to
Government Code Section 3501 may hold closed sessions with its designated representatives on
mandatory subjects within the scope of representation of its represented employees, as
determined pursuant to Section 3504.
6. Report of dosed session actions
(a) After every closed session, a policy body may in its discretion and in the public interest,
disclose to the public any portion of its discussion the disclosure of which is not prohibited by
federal or state law. The body shall, by motion and vote in open session, elect either to disclose
no information or to disclose the information which a majority deems to be in the public interest.
The disclosure shall be made through the presiding officer of the body or such other person,
present in the closed session, whom he or she designates to convey the information.
(b) A policy body of the county shall publicly report any final action taken in closed session
and the vote or abstention of every member present thereon, as follows.-
(1)
ollows:(1) Real Property Negotiations: Direction or approval given to the body's negotiator
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concerning real estate negotiations pursuant to Government Code Section 54956.8 shall be
reported as soon as the agreement is final. If its own approval renders the agreement final, the
body shall report that approval, the substance of the agreement and the vote thereon in open
session immediately. If final approval rests with the other party to the negotiations, the county
shall disclose the fact of that approval, the substance of the agreement and the body's vote or
votes thereon upon inquiry by any person, as soon as the other party or its agent has informed the
local county of its approval.
(2) Litigation: Direction or approval given to the body's legal counsel to prosecute, defend
or seek or refrain from seeking appellate review or relief, or to otherwise enter as a party,
intervenor or amicus curiae in any form of litigation as the result of a consultation under
Government Code Section 54956.9 shall be reported in open session as soon as given, in a
manner that identifies the adverse party or parties, any co-parties with the county, any existing
claim or order to be defended against or any factual circumstances or contractual dispute giving
rise to the county's complaint, petition or other litigation initiative.
(3) Settlement: Approval given to the body's legal counsel of a settlement of pending
litigation as defined in Government Code Section 54956.9, at any stage prior to or during a judicial
or quasi-judicial proceeding, shall be reported as soon as the settlement is final. If its own
approval renders the settlement final, the body shall report that approval, the substance of the
agreement and the vote thereon in open session immediately. If final approval rests with some
other party to the litigation,the county shall disclose the fact of that approval, the substance of the
agreement and the body's vote or votes thereon upon inquiry by any person, as soon as the other
party or its agent has informed the legislative body of its approval. This county shall neither solicit
nor agree to any term in a settlement which would preclude the release, upon request by the
public. of the text of the settlement itself and any related documentation communicated to or
received from the adverse party or parties, or any other materials not originally constituting a
confidential communication between the county at its counsel.
(4) Claim Payments: Disposition reached as to claims discussed in closed session
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pursuant to Government Code Section 54956.95 shall be reported as soon as reached in a
manner that discloses the name of the claimant, the substance of the claim and any monetary
amount approved for payment.
(5) Employee Actions: Action taken to appoint, employ, dismiss, transfer, accept the
resignation of or otherwise modify the terms or duration of the employment contract of a public
employee in closed session pursuant to Government Code Section 54957 shall be reported
immediately in a manner that names the employee and position affected and specifies any
change in compensation, job description, assignment or other contract particulars and, in the case
of dismissal for a violation of law or of the policy of the county, the reason for dismissal.
"Dismissal" within the meaning of this ordinance includes any termination of employment at the
will of the employer rather than of the employee, however characterized, including a resignation
tendered as an alternative to involuntary termination. The proposed terms of any separation
agreement shall be immediately disclosed as soon as presented to the body, and its final terms
shall be immediately disclosed upon approval by the body.
(6) Collective Bargaining: Approval given to the body's negotiator of an item proposed for
or accepted under bargaining in closed session pursuant to Government Code Section 54957.6
shall be reported immediately in a manner that describes the item approved, identifies the other
party or partes to negotiation and discloses whether the agreement with respect to that item is
final with the body's approval or subject to acceptance or ratification by the other party.
(b) Reports required to be made immediately may be made orally or in writing, but shall be
supported by copies of any contracts, settlement agreements, or other affected documents that
were finally approved or adopted in the closed session and that embody the information required
to be disclosed by immediate report. These documents shall be provided to any person who
requested such copies in a written request submitted within 24 hours of the posting of the agenda,
or who has made a standing request for all such documentation as part of a request for notice of
meetings pursuant to Government Code Sections 54944.1 or 54946.
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7. Barriers to attendance prohibited
No policy body shall conduct any meeting, conference or other function in any facility that
excludes persons on the basis of actual or presumed class identity or characteristics, or which is
inaccessible to persons with physical disabilities, or where members of the public may not be
present without making a payment or purchase. Whenever the number of spectators at a meeting
of the governing policy body of the county, or a permanent board or commission, or a permanent
sub-quorum committee of the governing policy body, exceeds the legal capacity of the meeting
room, any public address system used to amplify sound in the meeting room shall be extended by
supplementary speakers to permit the overflow audience to listen to the proceedings in an
adjacent room or passageway. If there be no public address system, or if supplementary
speakers are not available at the time. the meeting shall be adjourned to a facility with capacity to
accommodate all citizens present and wishing to attend.
& Public testimony at regular and certain special meetings
A policy body of the county shall not abridge or prohibit public criticism of the policy, procedures.
programs or services of the county, or of any other aspect of its proposals or activities, or of the
acts or omissions of the body, on the basis that the performance of one or more public employees
is implicated, or on any basis other than reasonable and uniformly applied time constraints
provided in previously adopted regulations .
9. Public comment by members of policy bodies
Every member of a policy body of the county retains the full constitutional rights of a citizen to
comment publicly on the wisdom or propriety of government actions, including those of the policy
body of which he or she is a member. This county shall not sanction,reprove or deprive members
of their rights as elected or appointed officials for expressing their judgments or opinions, including
those which deal with the perceived inconsistency of non-public discussions, communications or
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actions with the requirements of state or federal law or of this ordinance. The release of specific
factual information made confidential by state or federal law including, but not limited to, the
privilege for confidential attorney-client communications, may be the basis for a request for
injunctive relief, of a complaint to the grand jury seeking an accusation of misconduct, or both.
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11. PUBLICIWORMATION
10. Definition of public information
As used in this ordinance, "public information" includes the content of 'public records" as defined
in the California Public Records Act (Government Code Section 6252), whether provided in
documentary form or in an oral communication.
11 Release of documentary public information
(a) Release of documentary public information, whether for inspection of the original or by
providing a copy, shall be governed by the California Public Records Act (Government Code
Section 6250 et seq.)in any particulars not addressed by this ordinance.
(b) Inspection and copying of documentary public information stored in electronic form shall
be made to the person requesting the information in any form requested which is available to the
county, its officers or employees, including disk, tape, printout. monitor or modem. at a charge no
greater than the cost of the media on which it is duplicated, plus the direct costs of equipment.
supplies and labor costs associated with duplicating the electronic file which is requested. Nothing
is this section shall require a department to program or reprogram a computer to respond to a
request for information or to release information where the release of that information would
violate a licensing agreement or copyright law.
12. Release of oral public information
Release of oral public information shall be accomplished as follows:
(a) Information consisting of facts about or known to the county, unless exempt from
disclosure under the California Public Records Act and not disclosable under this ordinance, may
be released to a telephone caller or an office visitor by any employee conversant with the
information. One or more brief factual questions shall be answered as soon as the employee has
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obtained the information. More extensive information may be confined to an interview by
appointment or by reference to information in documentary form. No employee shall be prevented
from or disciplined for releasing such non-exempt factual information.
(b) Information concerning the county's policies, positions on public issues, plans or
intentions, or reactions to events may be released to a telephone caller or office visitor by the
person with primary policy responsibility for the subject matter or by his or her designated
spokesman. Employees not authorized to provide such information may be prevented from doing
so.
(c) Public employees shall not be discouraged from or disciplined for the expression of their
personal opinions on any matter, so long as the opinion is not represented as that of the county
and does not misrepresent the county's position.
13. Public review file—policy body communicaltions
(a) Every policy body supported by County staff shall maintain a file, accessible to any
member of the public during office hours, containing a copy of any letter, memorandum or other
communication sent to or received from a quorum of a policy body of the county irrespective of
subject matter, origin or recipient, except commercial solicitations, periodical publications or
communications exempt from disclosure under the California Public Records Act (Government
Code Section 6250 et seq.) and not deemed disclosable under Section 14 of this ordinance.
(b) Communications sent or received in the last three business days shall be maintained in
chronological order in the office of the chief executive officer of the county or at a place nearby,
clearly designated to the public. At the close of each business day, documents entered in the file
two days earlier may be removed and placed in a monthly chronological file. On the final
business day of each month, the copies in the monthly file may be filed with their respective
originals, sold in bulk to any purchaser at a price of no more than 10 cents per page or otherwise
maintained or disposed of.
(c) Multiple-page reports, studies or analyses which are accompanied by a letter or memorandum
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of transmittal need not be included in the file so long as the letter or memorandum of transmittal is
included.
14. Non-exempt public information
Notwithstanding the county's legal discretion to withhold certain information under the California
Public Records Act, the following policies shall govern specific types of documents and
information:
(a) Drafts and Memos: No preliminary craft or county memorandum shall be exempt from
disclosure under Government Code Section 6254, subdivision (a) if it is normally kept on file.
(b) Litigation Material:
(1) No pre-litigation claim against the county, or any other record previously received or
created by the county in the ordinary course of business, shall be exempt from disclosure under
Government Code Section 6254, subdivision (b).
(2) When litigation is finally adjudicated or otherwise settled, records of all communications
between the county and the adverse party shall be subject to disclosure, including the text and
terms of any settlement. Counsel for the county shall not solicit or agree to any settlement term
which would restrict immediate public disclosure of all terms and communications between the
parties, and any such term shall render a settlement agreement void and unenforceable.
(c) Personnel Information: None of the following shall be exempt from disclosure under
Government Code Section 6254, subdivision (c):
(1) The job pool characteristics and employment and education histories of all job
applicants, including at a minimum the following.information as to each applicant:
i. sex, age and ethnic group;
ii. years of graduate and undergraduate study, degree(s) and major or discipline,-
iii.
iscipline:iii. years of employment in the private and/or public sector.-
iv.
ector;iv. whether currently employed in the same position for another public agency: and
v. other non-identifying particulars as to experience. credentials, aptitudes. training or
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education entered in or attached to a standard employment application form used for the
position in question.
(2) The professional biography or curriculum vitae of every employee of the county.
(3) The job description of every employee of the county.
(4) The exact salary and benefit package of every employee of the county.
(5) Any memorandum of understanding between the county and one or more employees.
(6) The record of any confirmed misconduct of a public employee involving personal
dishonesty, misappropriation of public funds, resources or benefits, unlawful discrimination
against another on the basis of status, abuse of authority, or violence; and of any discipline
imposed for such misconduct.
(d) Law Enforcement Information: No records pertaining to any investigation, arrest or other
law enforcement activity shall be exempt from disclosure under Government Code Section 6254,
subdivision (f) beyond the point where the prospect of an enforcement action has been terminated
by either a court or a prosecutor. When such a point has been reached. related records of law
enforcement activity shall be accessible, except that individual items of information in the following
categories may.be withheld: the names of juvenile witnesses (whose distinct identities may be
indicated by substituting an alphabetical letter for each individual interviewed); personal and
otherwise private information unrelated to the reasons for which the law enforcement action was
commenced or terminated; the identity of a confidential source; secret investigative techniques or
procedures; or information whose disclosure would endanger law enforcement personnel. The
subdivision shall not exempt from disclosure any portion of any record of a concluded inspection
or enforcement action by an officer or department responsible for regulatory protection of the
public health, safety, or welfare.
(e) Attorney-Client Communications: No record of a communication between an officer.
department or policy body of the county and a legal advisor to the county shall be exempt from
disclosure under Government Code Section 6254, subdivision (k) as a confidential attorney-client
communication to the extent that it:
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(1) Concerns a violation of the law by an elected official, or of an appointee to a normally
elective position;or
(2) Analyzes a proposed legislative action or position of the county;
(3) Analyzes or interprets the Ralph M. Brown Act (Government Code Section 54950 et
seq.), the California Public Records Act (Government Code Section 6250 et seq.), any other law
supporting or abridging the public's right of access to information, or any provision of this
ordinance: or
(4) Consists of a report on the progress of negotiation of any matter, including a factual
review of the positions taken to date by representatives of the county and of the other party or
parties to the negotiation. Legal advisors shall be instructed to prepare any such report in a
manner that separates factual information of this type, known to both parties, from evaluative
comments and recommendations, which may be withheld from disclosure as a confidential
communication.
(f) Contracts, Bids and Proposals
Contracts, contractors' bids, responses to requests for proposals and all other records of
communications between the county and persons or firms seeking contracts shall be open to
inspection immediately after a contract has been awarded.
(g) Budgets and Other Financial Information
Budgets, whether tentative, proposed or adopted, for the county or any of its departments.
programs, projects or other categories, and all bills, claims, invoices, vouchers or other records of
payment obligations as well as records of actual disbursements showing the amount paid, the
payee and the purpose for which payment is made, other than payments for social or other
services whose records are confidential by law. shall not be considered exempt from disclosure
under any circumstances.
15. Confidentiality waver request
Whenever the county asserts, as a justification for non-disclosure of information, the exemption
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protecting personal privacy in Government Code Section 6254 (c), the exemption for names and
addresses of crime victims in Government Code Section 6254 (f) (2), the exemption for taxpayer
information in Government Code Section 6254 (i), any confidentiality or privilege statute
referenced under Government Code Section 6254(k) under which the subject of the record would .
have access to the record under the Information Practices Act (Civil Code Section 1798 et seq.),
the exemption for personal financial data in Government Code Section 6254 (n), and any other
argued exemption based upon the personal or proprietary interests of a private natural or
corporate person, the county shall cooperate with the requester's efforts to communicate with the
subject of the information as follows, upon request, if the requester fulfills the related terms and
conditions.
(a) If the requester is seeking information concerning an unknown number of persons, the
county shall inform the requester of the number of persons to whom the information request
pertains. If ascertaining that number requires more than 15 minutes of staff time in research, the
requester may be required to pay that extra increment of time at the pro rata hourly salary rate of
the employee conducting the research.
(b) The requester shall prepare one stamped envelope for each of the persons sought to
be contacted, with the requester's return address on the envelope. Within the envelope the
requester shall place a 'To Whom It May Concern" letter explaining, if so desired, why the
information is being sought, but in any event asking the person to contact the requester. The
requester may also include a self-addressed, stamped envelope for that purpose. The envelope
shall be presented to the county for mailing.
(c) The county shall affix to each envelope so received the mailing address of the person
who is the subject of the information request and shall mail it. Any staff time required to do so
shall, at the county's option, be required to be paid by the requester, at the pro rata hourly rate of
the employee addressing the envelopes.
(d)Thereafter the issue of release of the information shall be at the option of the person to
whom the record pertains. If that person signs a privacy waiver prepared by the county, the
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record shall be released to the requester. If the person requests a copy of the record for his own
review, the county shall comply with the request unless expressly prohibited from doing so by
state or federal law, and in that event shall cite to the requester the statute prohibiting release to
the subject of the record.
(e) If the subject of the record is legally incompetent to waive privacy interests, the county
shall address the requester's envelope to the parent, guardian, conservator or judicial officer, as
the case may be, with the duty and authority to make such decisions for the incompetent person.
16. Immediacy of response
Notwithstanding the 10-day period for response to a request permitted in Government Code
Section 6256, a request for information described in any nonexempt category under Section 4
above shall be satisfied no later than the close of business on the day of the request if the request
is made before noon, and by close of business on the business day following the request if the
request is made after noon. These 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. If the voluminous nature of the information requested, its location in a remote storage
facility or the need to consult with another interested county warrants an extension of 10 days as
provided in Government Code Section 6456.1, the requester shall be notified as required by the
close of business on the business day following the request.
17. Nfinimum withholding
No record shall be withheld from disclosure in its entirety unless all information contained in it is
exempt from disclosure under express provisions of the California Public Records Act or of some
other statute. Information that is exempt from disclosure shall be masked, deleted or otherwise
segregated in order that the nonexempt portion of a requested record may be released, and
keyed by footnote or other clear reference to the appropriate justification for withholding required
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by Section 18 of this ordinance.
18. Justification of withholding
Any withholding of information shall be justified, in writing, as follows:
(a) A withholding under a permissive exemption in the California Public Records Act or
elsewhere shall cite that authority and explain in practical terms, citing one or more examples, as
to how the public interest would be harmed by disclosure.
(b) No records or information shall be withheld on the basis of the public interest balancing
test in Government Code Section 6255, or by citing any case law application of that statute.
(c) A withholding on the basis that disclosure is prohibited by law shall cite the statutory
authority in the Public Records Act or elsewhere.
(d) A withholding on the basis that disclosure would incur civil or criminal liability shall cite
any statutory or case law, or any other public county's litigation experience, supporting that
position.
19. Fees for duplication
(a) No fee.shall be charged for making public records available for review. For documents
routinely produced in multiple copies for distribution, e.g. meeting agendas and related materials,
a fee not to exceed one cent per page may be charged, plus any postage costs. For documents
assembled and copied to the order of the requester, a fee not to exceed 10 cents per page may
be charged, plus any postage.
(b) A department may establish and charge a higher fee than the one cent presumptive fee
in subdivision (a) and the 10 cent presumptive fee in subdivision (a) if it prepares'and posts an
itemized cost analysis establishing that it cost per page impression shall include the following
costs: one sheet of paper, one duplication cycle of the copying machine in terms of toner and
other specifically identified operation or maintenance factors, excluding electrical power; and one
unit of operator labor calculated as the average hourly pay, excluding benefits, of the employee
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classification normally assigned to copy records, divided by 60, divided by the average number of
copies per minute produced by the machines used in the department. Any such cost analysis
shall identify the employee classification used for the labor component and the manufacturer,
model. vendor and maintenance contractor, if any, of the copying machine or machines referred
to.
III. ONGOING IMPROV®COMMUNICATION
20. Index to records
The county shall cooperate with any voluntary effort by an interested and competent individual or
organization to compile a master index to the types of records it maintains, including those it
creates and those it receives in the ordinary course of business. The index shall be for the use of
county officials, staff and the general public. and shall be organized to permit a general
understanding of the types of information maintained, by which officials and departments, for
which purposes and for what periods of retention, and under what manner of organization for
accessing, e.g. by reference to a name, a date, a proceeding or project. or some other
referencing system. The index need not be in such detail as to identify files or records concerning
a specific person. transaction or other event. but shall clearly indicate where and how records of
that type are kept. Any such master index shall be reviewed by appropriate staff for accuracy and
presented to the governing policy body of the county for formal adoption. Any changes in the
county's practices or procedures that would affect the accuracy of the index shall thereafter be
reported by the responsible staff to the governing policy body as the basis for a corresponding
revision of the index.
21. Policy task force
(a) There is hereby established a task force to be known as the Better Government Task
Force consisting of nine voting members appointed by the Board of Supervisors. Two members
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shall be appointed from individuals whose names have been submitted by the local chapter of the
Society of Professional Journalists, one of whom shall be an attorney and one of whom shall be a
local journalist. One member shall be appointed from individuals whose names have been
submitted by the Radio-Television News Directors Association. One member shall be appointed
from individuals whose names have been submitted by the local chapter of the League of Women
Voters. One member shall be either the Chief Administrative Officer, a department head, or
another administrative representative as designated by the Board of Supervisors. Two members
shall be members of the public who have demonstrated interest in or have experience in the
issues of citizen access and participation in local government. Two members shall be members
of the public experienced in consumer advocacy. The County Counsel shall serve as legal
advisor to the task force.
(b) The term of each appointive member shall be two years unless earlier removed by the
Board of Supervisors. In the event of such removal or in the event a vacancy otherwise occurs
during the term of office of any appointive member, a successor shall be appointed for the
unexpired term of the office vacated in a manner similar to that described herein for the initial
members. The task force shall elect a chair from among its appointive members. The term of
office as chair shall be one year. Members of the task force shall serve without compensation.
(c) The task force shall advise the Board of Supervisors and provide information to other
County departments on appropriated ways to implement this chapter. The task force shall
develop appropriate goals to ensure practical and timely implementation of this chapter. The task
force shall propose to the Board of Supervisors amendments to this chapter. The task force shall
report to the Board of Supervisors at least once annually on any practical or policy problems
encountered in the administration of this chapter.
1R