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Resolution 2389 .. c ~ ~~ RESOLUTION NO. 2389 " BEFORE THE BOARD OF THE SOUTH TAHOE PUBLIC UTILITIES DISTRICT Resolution Relative to Public Records WHEREAS, the California Public Records Act (Government Code Sections 6250, et seq., hereinafter "the Act") requires that public records in the custody of the District shall be available for public inspection with the exception of specific documents protected from disclosure by the Act; and WHEREAS, the Act requires many state agencies to adopt and publish guidelines governing their compliance with the Act and im- plicitly encourages other agencies, such as the District, to do so as well; WHEREAS, the public and District staff will benefit from guidelines setting forth District policies concerning the types of records which are open to inspection and procedures for obtaining them, as well as procedures for protecting records which are confi- dential pursuant to the Act; THEREFORE, BE IT RESOLVED that the Board hereby directs 'District staff to comply with the Act by conforming to the following guidelines: 1. All non-exempt public records in the custody of the District shall be available for public inspection at any time during normal District business hours. 2. The Manager or his delegate shall be responsible for responding to all Public Records Act requests. This person (the "Records Manager") shall also be responsible for determining whether records are exempt from disclosure pursuant to the Act as well as implementing other steps set forth in these procedures. 3. Persons wishing to receive copies of any non-exempt public record in the custody of the District should make a request reasonably identifying the specific records to the District's Rec- ords Manager. 4. District employees shall refer all requests to inspect or copy District records to the Records Manager. -1- ~_-----.I c~ ~ L 5. The Records Manager shall provide all District em- ployees in contact with the public with a summary of the types of records which may be exempt from disclosure. 6. Documents determined by the Records Manager to be exempt from the Public Records Act should be appropriately marked and filed separately. 7. All District employees are directed never to provide to anyone outside the District a document marked as exempt from dis- closure by the Records Manager. As with any request, requests for such documents shall be referred to the Records Manager. The Board and Records Manager shall have the sole authority to disclose exempt documents. 8. Upon receipt of a request for a copy of an identifi- able public record, the Records Manager shall determine within 10 days whether to comply with the request and shall immediately notify the person making the request of the determination and the reasons therefor, unless "unusual circumstances" justify extension of the 10-day time limit. 9. All denials of requests for records shall be made by the Records Manager in writing and shall include the name and title or position of the Records Manager and any other person responsible for the denial. 10. The Records Manager shall be responsible for record- ing and charging the direct costs of duplication or a statutory fee, if applicable, for any Public Records Act request. At the discre- tion of the Records Manager, payment of such costs can be required before copies of records are provided. 11. The District employees shall periodically purge Dis- trict files of all preliminary drafts, notes, or inter-agency or intra-agency memoranda not necessary to the continuing conduct of the District business. 12. Once approved by the Board, minutes of all District Board meetings shall be available for public inspection and copying pursuant to the Act. Such minutes, once approved, shall be deemed by the Board as its official and final record of such meetings. Any notes, tapes, or other materials used in preparing the official min- utes shall be used only for that purpose, and shall be retained only until the minutes are approved by the Board, and therefore are exempt from disclosure pursuant to the Act. 13. All District contracts shall include provisions re- -2- C' \., ~ .: . . . quiring the contractor to refer all requests for records from the public to the Records Manager and prohibiting the contractor from disclosing to anyone a record marked exempt without the express per- mission of the Records Manager. 14. Before disclosing any exempt records to a federal agency, the District shall require that the agency agree in writing to (a) comply with the California Public Records Act, and (b) not disclose any records marked exempt to any member of the public. 15. District employees shall presume that all records provided by the District's attorneys are protected by the attorney/ client privilege and are exempt from public disclosure. The Records Manager shall not disclose any such records to anyone not employed by the District without first consulting with the District's attor- ney. 16. District employees shall refer any request to assure confidential treatment of any record to the Records Manager. Unless authorized by the Records Manager to state that the record can be held confidential pursuant to the Act, the employee shall not make any promise or statement assuring confidential treatment of any record to be given to the District. If authorized by the Records Manager to assure confidentiality, the employee shall, upon receipt of the record, immediately place it in the custody of the Records Manager. 17. Copies of this Resolution shall be provided to any person upon request. PASSED AND ADOPTED at a duly held regular meeting of the Board of Directors of the South Tahoe Public Utility District at its meeting held on the 1st day of May, 1986, by the following vote: AYE S : Director Wynn, Mason, Olson, Jones, Madden NOES: None ABSENT: None JOH SOU ATTEST: y!Jat;- d ~~ PAT A. MAMATH, C ERK OF BO SOUTH TAHOE PUBLIC UTILITY DISTRICT -3- ~ --1 ~ SOUTH TAHOE PUBLIC UTILITY DISTRICT General Manager ROBERT G. BAER s.- 19SO W.let A'PUBLlC AGENCY Directors ROBERT MASON MARY LOU MOSBACHER STEVEN J. ONYSKO LOU PIERINI DUANE WALLACE P.O. Box 19487 . South Lake Tahoe. California 96151-3487 1275 Meadow Crest Drive. Phone (916) 544-6474 . FAX (916) 541-0614 DISTRICT POLICY FOR CLERICAL AND MATERIAL COSTS INVOLVED IN THE DUPLICATION, PRODUCTION AND MAILING OF MATERIAL (S) I - Purpose To provide for citizen access to public records and to establish fees for copies of identifiable public records. II - Identification of Public Records Public Records are identified in Resolution No. 2389, adopted py the Board of Directors on May I, 1986 in compliance with the California Public Records Act. III - citizen Inspection of Public Records Upon written application to the Manager of the District identifying the documents, 'any citizen shall be permitted to inspect public records during regular office hours at a time arranged between the District and citizen relative to the availability of staff time and District priorities. District documents must be reviewed in the t presence of a District employee, on District property, and may not ~be r.emoved from District premises. ' IV - Reproduction of Documents for citizen Use Upon written application to the Manager of the District identifying the documents, any citizen may request copies of public records relative to the availability of staff time and District priorities. A fee will be charged for the reproduction of public records. v - Fees The fee for the reproduction of public records may be based on the hourly wage of the person locating and reproducing the documents multiplied by the time required to do samer OR may be calculated at a flat rate of ./0 per copy. Blueprints shall be supplied at the actual cost as charged by District contractor/engineer. All fees shall be collected in advance of reproduction. Full sets of Agenda Packets shall be supplied to those individuals requesting same for a one year subscription fee of $240r paid in advance to cover the costs of postaqe and duplication. Full sets of Agenda Packets shall be supplied to those individuals requesting same for a one year subscription fee of $168, paid in advance to cover the costs of duplication only with the understand- ~ing the individual will be responsible for picking up the Agenda Packet at the District office.