This Article provides criteria and procedures for the public
inspection of District records. This article may be cited as the District’s
“Regulations for the Public Inspection of District Records.”
As used in this Article:
(a)
“Public
Records” includes any writing containing information relating
to the conduct of District’s business prepared, owned, used,
or retained by the District regardless of physical form or characteristics.
(b)
“Writing”
means any handwriting, typewriting, printing, Photostatting, photographing,
and every other means of recording upon any form of communication
or representation, including letters, words, pictures, sounds or symbols,
or combinations thereof, and all papers, maps, magnetic or paper tapes,
photographic films and prints, magnetic or punched cards, discs, drums,
or other documents.
District records are open to inspection at all time during the
office hours of the District and every citizen has a right to inspect
any District records, except as hereinafter provided.
Nothing in this Article shall be construed to require disclosure
of records that are:
(a)
Preliminary
drafts, notes, or intra or inter agency memoranda which are not retained
by the District in the ordinary course of business, provided, that
the public interest in withholding such records clearly outweighs
the public interest in disclosure;
(b)
Records
pertaining to pending litigation to which the District is a party
or to claims made pursuant to Division 3.6 (commencing with Section
810) of Title 1 of the Government Code, until such litigation or claim
has been finally adjudicated or otherwise settled;
(c)
Personnel,
medical or similar files, the disclosure of which would constitute
and unwarranted invasion of personal privacy;
(d)
Geological
and geophysical data, plant production data and similar information
relating to utility systems development which are obtained in confidence
from any person;
(e)
Test
questions, scoring keys, and other examination data used to administer
examinations for employment;
(f)
The
contents of real estate appraisals, engineering or feasibility estimates
and evaluations made for or by the District relative to the acquisition
of property, or to prospective supply and construction contracts,
until such time as all property has been acquired or all of the contract
agreement obtained, provided, however, the law of eminent domain shall
not be affected by this provision;
(g)
Records
the disclosure of which is exempted or prohibited pursuant to provisions
of Federal or State Law, including, but not limited to, provisions
of the Evidence Code relating to privilege;
(h)
Other
records the disclosure of which is not required by law.
Notwithstanding the foregoing:
The District shall justify withholding any records by demonstrating
that the record in question is exempt under the express provisions
of this Article or that on the facts of the particular case the public
interest served by not making the record public clearly outweighs
the public interest served by disclosure of the record.
(a)
A
person may receive a copy of any identifiable District record. Upon
request, an exact copy shall be provided in a form determined by the
District. Officers, agents and employees of the District are not required
to comply with this section when acting within the course and scope
of District employment or office holding.
(b)
A
request for a copy of an identifiable public record or information
produced there from shall be accompanied by payment of a fee in the
amount of $.20 per page, or in the case of blue line records, the
amount of $3.00 for the first sheet and $1.50 for each additional
sheet of the same project. A certified copy of such record shall require
an additional fee of $2.00.
(c)
The
General Manager may require any person who desires to obtain a copy
of a District record to deposit an amount equal to the estimated fees
for copying. That portion of the deposit which is not required to
cover the costs of such fees and charges will be refunded to the person
desiring to obtain the information if such deposit is insufficient
to cover the costs of such fees and charges, an additional deposit
will be required.
(a)
The
General Manager shall maintain a duplicate copy of all approved minutes,
the agenda for the next scheduled Board meeting and any written material
distributed to members of the Board for discussion or consideration
at the next scheduled Board meeting, at the public counter located
in the District’s offices, provided, any writing exempt from
public exposure pursuant to the Public Record Act shall not be maintained
at the public counter, provided, further, writings which are public
records and which are discussed during a public meeting but which
were not previously available shall be made available prior to the
commencement of, and during, their discussion at such meeting and
shall be made available for public inspection immediately or as soon
thereafter as practicable.
(b)
No
charge will be imposed upon any person for the use of the records
described in this section, unless a copy thereof is requested in which
case the charges set forth herein shall be imposed.
(c)
The
General Manager shall also maintain a record of all requests for inspection
from the public that are declined for reasons set forth in this Article.
Notwithstanding any other provision in this Article to the contrary,
all records of the District, including records excluded from public
inspection by virtue of the provisions hereof, shall be made available
for inspection by any member of the Board of Directors at all reasonable
times. No fee or charge shall be imposed upon any member of the Board
of Directors for obtaining a copy of such record or for any search
relating to the location of such record.
This Article is adopted for the purpose of implementing the
provisions contained in Chapter 3.5 (commencing with Section 62050)
of Title 1 of the Government Code. Nothing herein contained shall
be deemed to abridge or otherwise modify said provisions.
