Resolution 2604
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RESOLUTION NO. 2604
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A RESOLUTION OF THE BOARD OF DIRECTORS OF
SOUTH TAHOE PUBLIC UTILITY DISTRICT
RELATIVE TO PUBLIC RECORDS
SUPERSEDING RESOLUTION NO. 2389
IN ITS ENTIRETY
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4 WHEREAS, the California Public Records Act (Government
5 Code Sections 6250, et seq., hereinafter "the Act") requires that
6 public records in the custody of the District shall be available
7 for public inspection with the exception of specific documents
8 protected from disclosure by the Act; and
9 WHEREAS, the Act requires many state agencies to adopt
10 and publish guidelines governing their compliance with the Act and
]] implicitly encourages other agencies, such as the District, to do
12 so as well;
13 WHEREAS, the public and District staff will benefit from
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guidelines setting forth District policies concerning the types of
15 records which are open to inspection and procedures for obtaining
16 them, as well as procedures for protecting records which are
17 confidential pursuant to the Actj
18 BE IT RESOLVED that the Board hereby directs District
20 in the District Records Policy, which becomes a part of this
19 staff to comply with the Act by conforming to the guidelines listed
2] Resolution by reference herein. Copies of this Resolution shall be
22 provided to any person upon request.
23 PASSED AND ADOPTED by the Board of Directors of South
24 Tahoe Public Utility District at a duly held regular meeting on the
25 3rd day of November, 1994, by the following vote:
26 AYES: Strohm, Mason, Wallace, Jones, Moshacher
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NOES: None
ABSENT: None
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Resolution 2604
November 3, 1994
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D j .l..O.A^~, LtJo1~
Duane Wallace, President~ Board of Directors
South Tahoe Public Utility District
9 ATTEST:
Assistant C erk of Board
10 Public Utility District
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DISTRICT RECORDS POLICY
GENERAL
District records shall be open to inspection at all times during normal office hours.
The General Manager, or his delegate, shall be the official custodian of District records
and shall make all nonexempt records freely available to the public in accordance with
Government Code Section 6250 et seq. Access to certain records may be restricted
per Government Code Section 6254.
INSPECTION OF DISTRICT RECORDS
The following rules shall apply to District records with the exception of requests for
inspection or reproduction of documents created or retained in the District files in
accordance with the Political Reform Act, Government Code Sections 81000 through
91015 (procedures for documents subject to the Political Reform Act are included in
this document).
Procedure for Responding to Inspection Request
Persons desiring to inspect any public record shall submit a request in writing to the
General Manager or his delegate specifying the records desired to be inspected. The
request shall reasonably describe an identifiable record or information produced
therefrom. All non-exempt public records in the custody of the District shall be
available at any time during normal District business hours. If records are kept at an
off-site location, a minimum of two (2) working days will be required to search for,
retrieve, and make said records available. The requesting party shall be advised of
date and time said records will be available. If access is to be denied, a written notice
shall be given to the requesting party as soon as possible, but no later than (10) days
stating the reason therefore and identifying the person responsible for denying the
request. The time limit may be extended in unusual circumstances through written
notice by the District General Manager or his delegate to the requesting party, setting
forth the reasons for the extension and the date on which such determination is
expected to be made.
Any person requesting inspection of records under the provisions of the California
Public Records Act shall be assisted in locating them by the District General Manager
or designated representative during regular office hours at a time arranged between
the District and requesting person. Records may not be removed by the inspecting
person from the designated inspection area and a District representative shall be
present at all times while documents are being inspected.
District employees are directed never to provide to anyone outside the District a
document deemed exempt from disclosure by the General Manager or his delegate.
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As with any request, requests for such documents shall be referred the General
Manager or his delegate. The General Manager shall have the sole authority to
disclose exempt documents.
District employees shall refer any request to assure confidential treatment of any
record to the General Manager or his delegate. The employee shall not make any
promise or statement assuring confidential treatment of any record given to the
District.
Before disclosing any exempt records to a federal agency, the District shall require
that the agency agrees 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.
Search for Records and Restriction on Access
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A reasonable effort shall be made to locate requested records. If the records are
located and are determined to contain information exempt from disclosure under the
Public Records Act, the requesting party shall be advised in writing of the reasons for
the restrictions and, in cases of denial of access, the name and title of the person
responsible for the denial. Any portion of a record that can be reasonably segregated
shall be provided to any person requesting such record after deletion of the portions
which are exempt. If the documents requested cannot be located after a reasonable
search the requesting party is to be so advised.
All records provided by the District's legal counsel are protected by the attorney/client
privilege and are exempt from public disclosure. The General Manager or his delegate
shall not disclose any such records to anyone not employed by the District without
first consulting with the District's legal counsel.
REQUESTS FOR COPIES OF RECORDS
Any person requesting copies of records shall submit a written request to the District
General Manager or his delegate and shall reasonably describe an identifiable record
or information produced therefrom. If the records are kept at an off-site location,
copies of documents determined to be subject to disclosure will be provided within
ten (10) working days. The requesting party shall be advised of estimated date and
time copies of records will be available. If access is denied, a written notice shall be
given to the requesting party within ten (10) days identifying the reason therefor and
the person responsible for denying the request. The time limit may be extended in
unusual circumstances through written notice by the District General Manager or his
delegate to the requesting party, setting forth the reasons for the extension and the
date on which such determination is expected to be made. No such notice shall
specify a date that would result in an extension for more than ten (10) additional
working days.
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DEFINITION OF UNUSUAL CIRCUMSTANCES
For purposes of this section, "unusual circumstances" means:
A. The need to search for and collect the requested records from an off-site
location or other establishments that are separate from the office processing
the request.
B. The need to search for, collect, and appropriately examine a voluminous
amount of separate and distinct records which are demanded in a single
request.
C. The need for consultation, which shall be conducted with all practicable speed,
with another agency having a substantial interest in the determination of the
request or among two or more units of the District having substantial subject
matter interest therein.
FEES FOR DUPLICATION OF RECORDS
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An invoice and a receipt shall be furnished to the person or agency requesting copies.
Fees may be waived at the discretion of the General Manager. The direct cost for
reproduction of District records, except as provided for records subject to the Political
Reform Act addressed in this document, shall be based on the hourly wage of the
person reproducing the documents multiplied by the time required to reproduce them
in addition to recovering actual costs of materials used in the reproduction. Actual
postage charges incurred in mailing such copies shall be included in the invoice and
receipt; however, no fee may be charged for time involved in research or retrieval.
All fees shall be paid on or before delivery of such copies. If fees are estimated to
exceed $20.00, a deposit of $20.00 will be required in advance.
RECORDS PURSUANT TO THE POLITICAL REFORM ACT
Documents prepared and filed in the District records in accordance with the Political
Reform Act (conflict of interest code, statements of economic interest, campaign
statements) are a public record open for public inspection and reproduction during
regular business hours, commencing as soon as practicable, but no later than the
second business day following the day on which the request for inspection or
reproduction was received. Copies shall be provided at a charge not to exceed ten
cents ($.10) per page. A retrieval fee not to exceed five dollars ($5.00) per request
shall be charged for copies of reports and statements which are five years old or more
(Government Code 81008).
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Adopted
11/3/94