Resolution 2747-02
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RESOLUTION NO. 2747-02
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AMENDING THE DISTRICT'S
PUBLIC RECORDS POLICY SUPERCEDING RESOLUTION NO. 2604 IN ITS ENTIRETY
BE IT RESOLVED, by the Board of Directors of the South Tahoe Public Utility District, County
6 of EI Dorado, State of California, as follows:
7 WHEREAS, the Califomia Public Records Act (Govemment Code Sections 6250, et sea.,
8 hereinafter lithe Act") requires that public records in the custody of the District shall be available for
9 public inspection with the exception of specific document protected from disclosure by the Act; and
10 WHEREAS, the District's Records Policy has been amended to incorporate changes to the
11 Act that will ensure sound, legal guidelines are followed when responding to Public Records
12 Request.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby directs District
staff to comply with the Act by conforming to the guidelines listed in the District's Records Policy,
which becomes a part of this Resolution by reference herein.
PASSED AND ADOPTED by the Board of Directors of South Tahoe Public Utility District at
its duly held regular meeting on the 3rd day of October, 2002.
AYES: Directors Becker, Jones, Wallace, Schafer, Mosbacher
NOES: None
ABSENT: None
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26 ATTEST:
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DUANE WALLACE, BOARD PRESIDENT
SOUTH TAHOE PUBLIC UTILITY DISTRICT
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SOUTH TAHOE PUBLIC UTILITY DISTRICT
PUBLIC RECORDS POLICY
General
Public records maintained by the District shall be available for inspection during the
regular business hours of the District. The General Manager, or his or her designee,
shall be the official custodian of District records and shall make any nonexempt records
freely available to the public in accordance with Government Code section 6250 et seq.
The District may refuse to make available records that are exempt from disclosure
pursuant to Government Code section 6254.
Guidance For District Emplovees
Employees shall not make any promise or statement assuring confidential treatment of
any record given to the District. All requests for inspection or copies of public records,
other than forms and documents routinely distributed to the public, shall be forwarded
to the General Manager or his or her designee. District employees shall not provide to
anyone who does not work for the District any record deemed exempt from disclosure
by the General Manager or his or her designee without express authorization from the
General Manager. The General Manager shall have the sole authority to disclose
exempt documents. All records created by the District's legal counsel are protected by
the attorney/client privilege and are exempt from disclosure. The General Manager or
his or her designee shall not disclose such records to anyone not employed by the
District without first consulting with the District's legal counsel.
All Proposals submitted in response to a request for proposal (RFP) become the
property of the District and under Government Code ~ 6250 et. seq. are public records
which may be subject to public review. The RFP should generally provide that except
for price or other portions marked confidential (such as trade secrets when applicable)
the public will have access to a submittal. However, in special circumstances where the
public interest in the confidentiality of submittals outweighs the public interest in
disclosure, the RFP may provide for confidentiality of submittals for that particular
project. In such special circumstances, the General Manager or his or her designee
shall consult with the District's legal counsel for assistance in preparing the RFP.
Requests for Inspection or Copies of District Records
Members of the public who wish to inspect or obtain copies of any public record must
submit a written request to the General Manager specifying the desired records.
Requests should be specific, focused and not unreasonably interfere with the ordinary
business operations of the District. The request should sufficiently describe records so
that identification, location and retrieval of the records can be achieved in a timely
manner by District personnel, and should include a telephone number where the
requestor can be reached for questions of clarification that will help to identify and
locate the appropriate records for retrieval. If the member of the public is unsure how to
phrase the written request, he or she may request assistance from the District in
drafting the request.
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'-' The District's Search for and Review of Responsive Records
A reasonable effort will be made to locate requested records. If the document
requested cannot be located after a reasonable search, the requesting party shall so
be advised. The District shall, within 10 days of receipt of the request, determine
whether the request, in whole or in part, seeks disclosable public records that are in the
possession of the District and shall promptly notify the requestor of the determination
by sending the requestor a letter of determination.
In unusual circumstances, the District may extend the 10 days for the determination by
up to 14 additional days by written notice, setting forth the reasons for the extension
and the date upon which the determination will be made. "Unusual circumstances"
include instances where the records are located off site, the request is for a voluminous
amount of separate records, the District needs to consult with another agency having a
substantial interest in the determination, or where there is a need to compile or extract
data.
If the District determines that the request seeks disclosable records, the District will
state an estimated date and time when the records will be made available in its letter of
determination. The District will not delay in producing the disclosable records but may
designate an estimated date for production which is later than the 10 or 14 additional
days permitted by law for the initial determination in order to review, redact as
necessary and copy responsive documents. If the District determines that the records
requested are not disclosable, it will state the reasons therefore in its letter of
determination and the name and title of the person responsible for the denial.
Inspection of District Records
A member of the public requesting inspection of District records shall be assisted by
the General Manager or his or her designee during regular office hours at a time
arranged between the District and requestor. The operational functions of the District
will not be suspended to permit inspection of records during periods in which District
personnel in the performance of their duties reasonably require such records. Physical
inspection of the records shall be permitted within the District's offices and under the
conditions determined by the District. District employees shall not provide records
deemed to be exempt from disclosure by the General Manager or his or her designee
to members of the public. Upon either the completion of the inspection or the oral
request of department personnel, the person conducting the inspection shall relinquish
physical possession of the records. Persons inspecting District's records shall not
destroy, mutilate, deface, alter, or remove any such records from the District office. The
District reserves the right to have District personnel present during the inspection of
records in order to prevent the loss or destruction of records.
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\.., Advance Pavment Required for Copies of District Records
After the District has completed its search for records that are responsive and
disclosable, District personnel shall notify the requestor that the records are available.
The notice of availability shall include the number of pages and total cost for copying.
District employees shall promptly provide copies of the records to the requestor upon
the advance payment of ten cents ($.10) per page to cover the direct costs of
duplication. Postage fees incurred in mailing such copies shall also be charged to the
requestor.
Copies of maps, or blueprints will be supplied at the actual cost to the District for
reproduction by an outside service including the hourly wage for actual staff time spent
delivering and picking up the copies. Expected costs of reproduction will be collected in
advance of reproduction.
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Records Prepared and Filed In Accordance With the Political Reform Act
Records prepared and filed in accordance with the Political Reform Act (conflict of
interest code, statements of economic interest, campaign statements) are public
records subject to inspection and reproduction during the District's regular business
hours, commencing as soon as practicable, but no later than the second business day
following the day the request for inspection was received. Copies shall be provided at a
charge of ten cents ($.10) per page. Pursuant to Government Code Section 81008, a
retrieval fee of five dollars ($5.00) per request shall be charged for copies of reports
and statements which are five years old or more.
Posting of the Public Records Policy
A copy of this policy shall be posted in a conspicuous public place in the office of the
South Tahoe Public Utility District and a copy thereof shall be made available free of
charge to any person requesting such copy.
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Adopted by Resolution No. 2747-02
1 0/03/02
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